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07 15 2021 Development Services Committee Agenda The Township of Oro-Medonte Development Services Committee Meeting Agenda T htpo Electronic Meeting Proud Heritage, Exciting Future Thursday, July 15, 2021 5:30 p.m. Effective Tuesday, March 17, 2020 at 8:30 a.m., all Township of Oro-Medonte facilities including the Administration Centre were closed to the public. Effective Monday, July 5, 2021 at 8:30 a.m., the Administration Centre was reopened to receive the public by Appointment only. We will continue to offer services online and over the telephone. Input on agenda items are welcome and encouraged. The Township of Oro-Medonte has amended its Procedural By-law to allow for electronic participation at Council meetings during a declared emergency. Protocols have been established to advise how to participate in the public portions of these meetings. Please visit the following links for additional information: • Request for Open Forum or DS Committee Participation Form • Protocols for Public Participation Council and DS Committee All electronic Council meetings will be streamed live, where possible, on the Township YouTube Channel. Council Agendas will continue to be published on the Civic Web Meeting Agendas in advance of the meeting date in accordance with the Township's Procedural By-law. The Township of Oro-Medonte is committed to providing and maintaining a working environment that is based on respect for the dignity and rights of everyone within the organization and for those individuals visiting our organization. The Township of Oro-Medonte supports and fosters an environment that is safe, welcoming and respectful for all residents, visitors, members of Council and staff. Page 1. Opening of Meeting: 2. Agenda Approval: a) Motion to Approve the Agenda. 3. Disclosure of Pecuniary Interest: Page 1 of 462 4. Approval of Minutes: 4 - 16 a) Minutes of Development Services Committee meeting held on Wednesday, June 2, 2021. 5. Public Meetings: 17 - 36 a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Particulars and Public Access, Notice of Public Meeting for Proposed Amendment to the Zoning By-Law of the Township of Oro-Medonte, Lot 5, Concession 10, municipally known as 2562 Line 10 North, ZBA-06 (Saila/Glen Oro Farm) [Refer to Item 7a) and Item 5a) 07 15 2021 Council Agenda]. 37 - 50 b) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Particulars and Public Access, Notice of Public Meeting for Proposed Amendment to the Zoning By-Law of the Township of Oro-Medonte, West Part Lot 26, Concession 6, municipally known as 654 Ridge Road West, ZBA-07 (MacGregor) [Refer to Item 7b) and Item 5b) 07 15 2021 Council Agenda]. 51 - 66 c) 6:00 p.m. Notice of Receipt of a Complete Application, Notice of Particulars and Public Access, Notice of Public Meeting for Proposed Amendment to the Zoning By-Law of the Township of Oro-Medonte, East Part of Lot 16, Concession 14 (Oro), Township of Oro-Medonte, ZBA-08 (2041063 Ontario Ltd.) [Refer to Item 7c) and Item 5c) 07 15 2021 Council Agenda]. 6. Public Hearings: 67 - 85 a) 6:10 p.m. DS2021-104, Danielle Waters, Planner re: Minor Variance Application 2021-A-37 Wayne Hodge and Bonnie Clarke 45 Blueberry Marsh Road. 86 - 105 b) 6:20 p.m. DS2021-112, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2021-A-38 by Thomas Husbeye, 4612 Line 2 North (To Be Distributed). 106 - 128 c) 6:30 p.m. DS2021-097, Catherine McLean, Intermediate Planner re: Minor Variance Application 2021-A-39, Lindsay & Ryan Foell, 40 Pine Ridge Trail. 129 - 156 d) 6:40 p.m. DS2021-109, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2021-A-40 Susan Farber 45 Windfields Drive West. 157 - 189 e) 6:50 p.m. DS2021-110, Michael Barton, Township Planning Consultant re: Minor Variance Application 2021-A-41Julie and Peter Newburn1086 Line 2 South. 190 - 226 f) 7:00 p.m. DS2021-111 , Michael Barton, Township Planning Consultant re: Minor Variance Application 2021-A-42 Andrew Salomon387 Lakeshore Road East. Page 2 of 462 227 - 257 g) 7:10 p.m. DS2021-113, Derek Witlib, Manager, Planning Services re: Minor Variance Application 2021-A-43 by 2819593 Ontario Inc. (Frontline Resilience), 430 15/16th Side Road West (To Be Distributed). h) 7:20 p.m. re-Minor Variance Application 2021-A-44, Jessica and Mark Carney, 6208 Line 3 North. - CANCELLED. 258 - 283 i) 7:30 p.m. DS2021-105, Catherine McLean, Intermediate Planner re: Minor Variance Application 2021-A-45 Brandyn Dorner, 17 Cherry Trail. 284 - 310 j) 7:40 p.m. DS2021-106, Danielle Waters, Planner re-Minor Variance Application 2021-A-46 Derek McCurdy 16 Northwood Court. 311 - 341 k) 7:50 p.m. DS2021-100, Andy Karaiskakis, Senior Plan nerre:Consent Applications 2021-B-22 and 2021-B-23 by Winfull Properties Inc. 9, 11, 13 Winstar Road. 342 - 365 1) 8:00 p.m. DS2021-099, Catherine McLean, Intermediate Planner re-Consent Application 2021-B-24 by Susan Fraser & William Carlson 455 Ridge Road West. 366 - 399 m) 8:10 p.m. DS2021-114, Derek Witlib, Manager, Planning Services re: Consent Application 2021-B-25 by Carol Chapman, 4201 Line 8 North & 370 Warminster Sideroad Jo Be Distributed). 7. Reports of Municipal Officers: 400 - 415 a) DS2021-101, Andy Karaiskakis, Senior Planner re-Zoning By-law Amendment Application 2021-ZBA-06 by Leslie Saila — Glen Oro Farm 2562/2574 Line 10 North. 416 - 425 b) DS2021-102, Andy Karaiskakis, Senior Planner re: Zoning By-law Amendment Application 2021-ZBA-07 by Kent and Stacey MacGregor 654 Ridge Road West. 426 - 437 c) DS2021-108, Derek Witlib, Manager, Planning Services re: Zoning By-law Amendment Application 2021-ZBA-08 by 2041063 Ontario Ltd., 5071 Highway 11 North (To Be Distributed). 438 - 456 d) DS2021-103, Andy Karaiskakis, Senior Planner re: Consent Application 2021-B-19 and Minor Variance Application 2021-A-31 by Senti Rasa and Rose Hanoman Jhagroo 24 & 28 Owen Road. 457 - 462 e) DS2021-107, Danielle Waters, Planner, re: Zoning By-law Amendment Application 2021-ZBA-10 Johnwood Investments Inc. 1614 Ridge Road East. 8. Next Meeting Date: Wednesday, September 1, 2021 . 9. Adjournment: a) Motion to Adjourn. Page 3 of 462 4.a) Minutes of Development Services Committee meeting held on Wednesday... The Township of Oro-Medonte (w Development Services Committee Minutes Township of tPi Electronic Meeting Proud Heritage,Exciting Future Wednesday, June 2, 2021 5:31 p.m. Present: Mayor H.S. Hughes Deputy Mayor Ralph Hough Councillor Ian Veitch Councillor Tammy DeSousa Councillor Cathy Keane A�*�k Councillor Shawn Scott Councillor Randy Greenlaw 'ie Staff Andria Leigh, Director, Development Services; Derek Witlib, Manager, Present: Planning Services; Andy Karaiskakis, Senior Planner; Catherine McLean, Intermediate Planner; Danielle Waters, Planner; Janette Teeter, Supervisor, Clerk's Services/Deputy Clerk; Jason Scharapenko, Information Technology Technician (IT) 'Assamb, No All Committee and staff participated via Zoom platform. V%,h, L 1. Opening of Meeting: Mayor H.S. Hughes assumed the Chair at the above-noted time and called the meeting to order. Nk 2. Agenda Approval: a) Motion to Approve the Agenda. Motion No. DSC210602-1 Moved by DeSousa, Seconded by Keane It is recommended that the agenda for the Development Services Committee meeting of Wednesday, June 2, 2021 be received and approved; That the correspondence re Item 8e), as outlined on the agenda, be received. Carried. Page 1 of 13 Page 4 of 462 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, June 2, 2021. 3. Disclosure of Pecuniary Interest: Councillor Veitch declared a conflict of interest on Item 8d) DS2021-091 , Derek Witlib, Manager, Planning Services re: Request for Extension of Draft Plan Approval Plan of Condominium Application 2011-SUB-03 (Copeland House Phase 2) by Skyline Horseshoe Valley Inc. West side of Horseshoe Boulevard, Part of Lot 1, Concession 4 (Oro) Township of Oro-Medonte as it is based on the fact that his household property abuts the Skyline property in which the proponent, Skyline HV Inc., is requesting Council approval for a 3 year extension of their draft plan of condominium application (Copeland House 2). Councillor Veitch exited his seat and did not participate in the discussion or vote of this item. Mayor H.S. Hughes declared a conflict of interest on Item 8d) DS2021-091, Derek Witlib, Manager, Planning Services re: Request for Extension of Draft Plan Approval Plan of Condominium Application 2011-SUB-03 (Copeland House Phase 2) by Skyline Horseshoe Valley Inc. West side of Horseshoe Boulevard, Part of Lot 1, Concession 4 (Oro) Township of Oro-Medonte) because his son lives in the area that was served with the notice. Mayor H.S. Hughes exited his seat and did not participate in the discussion or vote of this item. 4. Approval of Minutes: a) Minutes of Development Services Committee meeting held on Wednesday, May 5, 2021 . Motion No. DSC210602-2 Moved by Veitch, Seconded by Greenlaw It is recommended that the draft minutes of the Development Services Committee meeting held on Wednesday, May 5, 2021 be received and approved as printed and circulated. Carried. 5. Public Meetings: None. Page 2 of 13 Page 5 of 462 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, June 2, 2021. 6. Public Hearings: a) DS2021-079, Michael Barton, Township Planning Consultant re: Minor Variance Application 2021-A-30 Tracey Baker & Darryl Shore, 15 Algonquin Trail, Plan M-8, Pt Block D, Plan 51 R-36763, Part 1. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated May 18, 2021 ; Township of Oro-Medonte, Operations Division dated May 18, 2021 . Andria Leigh, Director, Development Services explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Darryl Shore, applicant was present. Aakw Nhl, Staff commented that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the hearing adjourned. Motion No. DSC210602-3 Moved by Veitch, Seconded by Hough It is recommended 1 . That DS2021-079, Michael Barton, Township Planning Consultant re: Minor Variance Application 2021-A-30 Tracey Baker & Darryl Shore, 15 Algonquin Trail be received and adopted. 2. That Minor Variance Application 2021-A-30 by Tracey Baker & Darryl Shore, specifically for permission to build an attached garage with a minimum rear yard of 3.3 metres (8.0 metres required) and to build a detached accessory building in the front yard (not currently permitted) with a maximum floor area of 100.3 m2 (70 m2 permitted), be approved subject to the conditions as outlined in DS2021-079. 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 3 of 13 Page 6 of 462 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, June 2, 2021. b) DS2021-089, Derek Witlib, Manager Planning Services re: Minor Variance Application 2021-A-32 Craig & Susan Thomas 47 Springhome Road. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated May 20, 2021 ; Township of Oro-Medonte, Operations Division dated May 20, 2021 . Derek Witlib, Manager, Planning Services explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Craig Thomas, applicant was present. Alt Staff commented that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the hearing adjourned. Motion No. DSC210602-4 Moved by Scott, Seconded by DeSousa It is recommended 1. That DS2021-089, Derek Witlib, Manager Planning Services re: Minor Variance Application 2021-A-32 Craig & Susan Thomas 47 Springhome Road be received and adopted. 2. That Minor Variance Application 2021-A-32 by Craig & Susan Thomas, specifically to permit the construction of a detached accessory building (garage) in a front yard, on lands municipally known as 47 Springhome Road, be approved, subject to the conditions as outlined in DS2021-089. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 4 of 13 Page 7 of 462 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, June 2, 2021. c) DS2021-086, Danielle Waters, Planner re: Minor Variances Application 2021-A-33 By Parker Wilson & Emilie Lesage 3327 Line 4 North. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated May 18, 2021 ; Township of Oro-Medonte, Operations Division dated May 18, 2021 ; Township of Oro-Medonte, Environmental Services dated May 19/March 10, 2021. Danielle Waters, Planner explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Parker Wilson, applicant, was present. 4A Staff commented that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the hearing adjourned. Motion No. DSC210602-5 'N Moved by Keane, Seconded by Veitch'-Z%J4 q It is recommended 1. That DS2021-086, Danielle Waters, Planner re: Minor Variance Application 2021-A- 33 By Parker Wilson & Emilie Lesage 3327 Line 4 North be received and adopted. 2. That Minor Variance Application 2021-A-33 by Parker Wilson and Emilie Lesage, specifically for permission to construct a single-family dwelling with a reduced common wall of 19% to the attached garage and 28% to the master suite on the lands municipally known as 3327 Line 4 North, Township of Oro-Medonte, be approved, subject to the conditions as outlined in DS2021-086. 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. 4Nr Carried. Page 5 of 13 Page 8 of 462 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, June 2, 2021. d) DS2021-081 , Andy Karaiskakis, Senior Planner re: Minor Variance Application 2021-A- 34 Carrie & Dennis Underwood 557 Line 5 South. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated May 18, 2021 ; Township of Oro-Medonte, Operations Division dated May 18, 2021 ; Lake Simcoe Region Conservation Authority dated May 26, 2021. Andy Karaiskakis, Senior Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented Dennis and Carrie Underwood, applicants, were present Staff commented that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the hearing adjourned.' Motion No. DSC210602-6 Moved by Scott, Seconded by Greenlaw ANIPP-qRM, 166 It is recommended " 1. That DS2021-081, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2021-A-34 Carrie & Dennis Underwood 557 Line 5 South be received and adopted. 2. That Minor Variance Application 2021-A-34 by Carrie & Dennis Underwood, specifically for permission to construct a detached accessory building with a 0.0 metre (0.0 feet) setback from the limit of the Environmental Protection (EP) Zone on lands municipally known as 557 Line 5 South, Township of Oro-Medonte, be approved, subject to the conditions as outlined in DS2021-081 . 3. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. I%f Carried. Page 6 of 13 Page 9 of 462 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, June 2, 2021. e) DS2021-080, Michael Barton, Township Planning Consultant re: Consent Application 2021-B-21 Ruby Young & Julian Pikulik 363 Scarlett Line & 101 Craig Sideroad Concession 2, Pt Lot 26, Plan 51 R-31029, Parts 1 & 2. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated May 18, 2021 ; Township of Oro-Medonte, Operations Division dated May 18, 2021 ; Bell Canada, Right of Way dated May 20, 2021; Nottawasaga Valley Conservation Authority dated May 24, 2021; County of Simcoe, Planning Department dated May 31, 2021. Andria Leigh, Director, Development Services, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Julian Pikulik and Ruby Young, applicants, were present. Staff commented that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the hearing adjourned. Motion No. DSC210602-7 Moved by Veitch, Seconded by Greenla It is recommended 1 . That DS2021-080, Michael Barton, Township Planning Consultant re: Consent Application 2021-B-21 Ruby Young & Julian Pikulik, 363 Scarlett Line be received and adopted. 2. That the Development Services Committee grant Provisional Consent to Application 2021-B-21 to permit a boundary adjustment to convey a parcel having a lot frontage of 27.342 metres, depth of 182.88 metres and an area of approximately 0.86 hectares to be merged with the property located at 101 Craig Sideroad, subject to the conditions as outlined in DS2021-080. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 7 of 13 Page 10 of 462 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, June 2, 2021. f) DS2021-084, Catherine McLean, Intermediate Planner re: Minor Variance Application 2021-A-35 Tanya & Selsse Vespera 171 Lakeshore Road West. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated May 18, 2021 ; Township of Oro-Medonte, Operations Division dated May 18, 2021 ; Lake Simcoe Region Conservation Authority dated May 25, 2021. Catherine McLean, Intermediate Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Matt Pryce, on behalf of the applicant, was present. Staff commented that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the hearing adjourned. Motion No. DSC210602-8 Moved by Scott, Seconded by Hough It is recommended " 1. That DS2021-084, Catherine McLean, Intermediate Planner re: Minor Variance Application 2021-A-35 Tanya & Selsse Vespera 171 Lakeshore Road West be received and adopted. 2. That Minor Variance Application 2021-A-35 by Tanya & Selsse Vespera specifically for permission to build a rear porch that encroaches 1.93 metres (6.3 feet) into the required 20.0 metres (65.5 feet) setback from the average high water mark of Lake Simcoe, build a detached accessory building with a reduced front yard setback of 0.91 metres (3.0 feet) and a maximum floor area of 85.1 square metres (916.0 square feet), and permit a maximum lot coverage for all detached accessory buildings of 6.55%, on lands municipally known as 171 Lakeshore Road West, Township of Oro-Medonte, be approved subject to the conditions as outlined in DS2021-084. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 8 of 13 Page 11 of 462 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, June 2, 2021. g) DS2021-082, Andy Karaiskakis, Senior Planner re: Consent Application 2021-B-19 and Minor Variance Application 2021-A-31 by Senti Rasa and Rose Hanoman Jhagroo 24 & 28 Owen Road. The following correspondence was received: Township of Oro-Medonte, Manager, Development Engineering dated May 18, 2021 ; Township of Oro-Medonte, Operations Division dated May 18, 2021 ; Bell Canada, Right of Way dated May 20, 2021; Township of Oro-Medonte, Building Division dated May 27/April 26, 2021 ; Peter Grammelhofer dated May 31 , 2021; Lillian Kuehn dated June 1, 2021. Andy Karaiskakis, Senior Planner, explained the purpose and effect of the proposed amendment. A PowerPoint presentation was presented. Mike Coates, on behalf of the applicant, was present. Staff commented that no additional public registrations were received. Staff confirmed that no additional correspondence from the public was received during this meeting. There being no further comments or questions, the hearing adjourned. Motion No. DSC210602-9 Moved by Greenlaw, Seconded by DeSous It is recommended 1 . That DS2021-082, Andy Karaiskakis, Senior Planner re: Consent Application 2021- B-19 and Minor Variance Application 2021-A-31 by Senti Rasa and Rose Hanoman Jhagroo 24 & 28 Owen Road be received and adopted. 2. That Consent Application 2021-B-19 and Minor Variance Application 2021-A-31 to permit a technical severance, to re-create two (2) original parcels which merged in common ownership being 24 and 28 Owen Road, Township of Oro-Medonte, be deferred to provide the applicant the opportunity to provide the Township with a legal opinion as to which mechanism under the Planning Act is more appropriate for proceeding with the proposed development. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. 7. Deputations: None. Page 9 of 13 Page 12 of 462 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, June 2, 2021. 8. Reports of Municipal Officers: a) DS2021-078, Andria Leigh, Director Development Services re: Zoning By-law Amendment Application 2021-ZBA-03 by William Finlayson 372 Moonstone Road East {Refer to Council agenda item 5(a)}. Motion No. DSC210602-10 Moved by Hough, Seconded by Veitch It is recommended A& 1 . That DS2021-078, Andria Leigh, Director Development Services re: Zoning By-law Amendment Application 2021-ZBA-03 by William Finlayson 372 Moonstone Road East, Township of Oro-Medonte, be received and adopted. 2. That Zoning By-law Amendment Application 2021-ZBA-03 by William Finlayson, specifically to rezone a portion of the subject lands from the Local Industrial Exception 136 (LI*136) Zone to the Residential One (R1) Zone for lands located at 372 Moonstone Road East, Township of Oro-Medonte, be approved. 3. That the appropriate draft by-law be brought forward for Council's consideration. 4. That the applicants be advised of Council's decision under the Director, Development Services' signature. Carried. b) DS2021-088, Danielle Waters, Planner re: Minor Variance Application 2021-A-14 by 1630392 Ontario Inc. ORO CON 13 W PT LOT 11 RP 51 R41687, PART 1 S/E corner of Old Barrie Road East and Line 12 North. 1%Motion No. DSC210602-11 % %6 Moved by Keane, Seconded by Scott It is recommended 1. That DS2021-088, Danielle Waters, Planner re: Minor Variance Application 2021-A- 14 by 1630392 Ontario Inc., Oro Con 13, W Pt Lot 11, RP 51 R41687, Part 1 S/E corner of Old Barrie Road East and Line 12 North be received and adopted. 2. That Minor Variance Application 2021-A-14 by 1630392 Ontario Inc., specifically for permission to permit an apartment dwelling unit with an increased floor area of 139.4 metres on the lands legally known as Concession 13, West Part Lot 11, RP 51 R-41687 Part 1 (Oro), Township of Oro-Medonte, be approved, subject to the conditions as outlined in DS2021-088. 3. That the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 10 of 13 Page 13 of 462 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, June 2, 2021. c) DS2021-090, Derek Witlib, Manager, Planning Services re: Proposed Street Naming, Draft Plan of Subdivision Application 2012-SUB-03 (Oro Station Subdivision) West Part of Lot 24, Concession 8 (Oro) Township of Oro-Medonte {Refer to Council agenda item 5(b)}. Motion No. DSC210602-12 Moved by Hough, Seconded by Keane It is recommended 1. That DS2021-090, Derek Witlib, Manager, Planning Services re: Proposed Street Naming, Draft Plan of Subdivision Application 2012-SUB-03 (Oro Station Subdivision) West Part of Lot 24, Concession 8 (Oro) Township of Oro-Medonte be received and adopted. 2. That the street name "Baxter Place" be assigned to "Street A" as shown on the draft approved plan for the Oro Station subdivision. 3. That the appropriate draft by-law be brought forward for Council's consideration. 4. That the applicant be advised of Committee's decision under the Director, Development Services' signature. Carried. d) DS2021-091 , Derek Witlib, Manager, Planning Services re: Request for Extension of Draft Plan Approval Plan of Condominium Application 2011-SUB-03 (Copeland House Phase 2) by Skyline Horseshoe Valley Inc. West side of Horseshoe Boulevard, Part of Lot 1 , Concession 4 (Oro) Township of Oro-Medonte. Councillor Veitch declared a conflict of interest as noted in Section 3, Disclosure of Pecuniary Interest. Mayor H.S. Hughes declared a conflict of interest as noted in Section 3, Disclosure of Pecuniary Interest. Deputy Mayor Hough assumed the Chair. I%f Page 11 of 13 Page 14 of 462 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, June 2, 2021. Motion No. DSC210602-13 Moved by DeSousa, Seconded by Scott It is recommended 1. That DS2021-091, Derek Witlib, Manager, Planning Services re: Request for Extension of Draft Plan Approval Plan of Condominium Application 2011-SUB-03 (Copeland House Phase 2) by Skyline Horseshoe Valley Inc. West side of Horseshoe Boulevard, Part of Lot 1 , Concession 4 (Oro) Township of Oro-Medonte be received and adopted. 2. That Committee approve the request by Skyline Horseshoe Valley Inc. for extension to draft plan approval for Plan of Condominium Application 2011-SUB-03 (Copeland House Phase 2) for three (3) years. 3. That the appropriate notice of Changes in Conditions of Draft Plan Approval be provided in accordance with the Planning Act, R.S.O. 1990, c.P. 13. 4. That the applicant be advised of Committee's decision under the Director, Development Services' signature. Carried. Mayor H.S. Hughes assumed the Chair. e) DS2021-085, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2021-A- 09 Sherry and Rob Davidson 94 Line 14 South. The Committee consented to allow the applicants to provide verbal comments. Motion No. DSC210602-14 Moved by Greenlaw, Seconded by Scott b.,% It is recommended "'IV N6, 44� 1. That DS2021-085, Andy Karaiskakis, Senior Planner re: Minor Variance Application 2021-A-09 Sherry and Rob Davidson 94 Line 14 South be received. 2. That Minor Variance Application 2021-A-09 by Sherry and Rob Davidson, specifically for permission to construct a pool cabana with a maximum floor area of 111.5 square metres (1,200.2 square feet) in the Environmental Protection Zone, on lands municipally known as 94 Line 14 South, Township of Oro-Medonte, be approved, subject to the conditions as outlined in DS2021-085. 3. That Minor Variance Application 2021-A-09 by Sherry and Rob Davidson, specifically for permission to permit an outdoor kitchen area in the proposed pool cabana on lands municipally known as 94 Line 14 South, Township of Oro- Medonte, be deferred to a future Development Services Committee meeting to allow the applicant the opportunity to provide additional information to the Township. 4. That the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Carried. Page 12 of 13 Page 15 of 462 4.a) Minutes of Development Services Committee meeting held on Wednesday... Development Services Committee Meeting Minutes — Wednesday, June 2, 2021. 9. Next Meeting Date: Thursday, July 15, 2021. 10.Adjournment: a) Motion to Adjourn. Motion No. DSC210602-15 Moved by Hough, Seconded by Keane Ahk It is recommended that we do now adjourn at 7:28 p.m. Carried. Mayor H.S Hughes, Chair Andria Leigh, Director, Development Services Page 13 of 13 Page 16 of 462 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Notice of Receipt of a Complete Application r. Notice of Particulars and Public Access Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte 2021-ZBA-06 (Saila/Glen Oro Farm) Due to the evolving public heath situation (COVID-19), effective March 17, 2020 at 8:30 am the Township of Oro-Medonte Administration Office is closed to the general public until further notice. The Township will livestream the Public Meeting over the Internet for public viewing and participation. Please refer to the Township's website(oro-medonte.ca)for Public Meeting viewing and participation information. Take notice that the Township of Oro-Medonte deemed the following application to amend Zoning By-law 97-95, as amended, a"Complete" Application pursuant to the Planning Act on the 29th day of April, 2021. Take notice that the Development Services Committee of the Township of Oro- Medonte will hold a livestreamed Public Meeting on July 15, 2021 at 5:30 p.m. The purpose of the Public Meeting is to notify the public and to obtain public comments on a proposed Amendment to Comprehensive Zoning By-law 97-95, under Section 34 of the Planning Act, R.S.O. 1990 c. P. 13. The subject lands are described as Lot 5, Concession 10, municipally known as 2562 Line 10 North. A key map illustrating the location of the subject lands, and a copy of the applicants site plan including the lands to be rezoned are included with this notice. The purpose and effect of the proposed Zoning By-law Amendment is to amend the Agricultural/Rural Exception 294(A/RU*294)Zone in order to increase the size of the glamping platforms to accommodate four(4)guests, from 36.0 square metres(387.5 square feet)to 64.5 square metres (694.3 square feet)and to increase the guest services/operations/utility building from 40.0 square metres(430.5 square feet)to 200.0 square metres(2,152.8 square feet). Input on the draft by-law amendment is welcome and encouraged. For specific details regarding public participation during the meeting please check the Township website at https://www.oro-medonte.ca/municipal-services/iDlanninq-information. Written submissions can be made by: 1. Emailed to plan ninq(c)oro-medonte.ca prior to or during the Public Hearing; 2. Dropped in the drop box at the Township Administration Office on Line 7 South; 3. Faxed to (705)487-0133; or, 4. Mailed through Canada Post. If a person or public body does not make oral submissions at the public meeting or make written submissions to the Director, Development Services, The Corporation of the Township of Oro-Medonte before the proposed Zoning By-law Amendment is passed or refused, the person or public body is not entitled to appeal the decision of the Council of the Township of Oro-Medonte to the Ontario Land Tribunal and may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. Further details of the application are part of the public record and are available to the public for viewing/inspection on the Township's website www.oro-medonte.ca. Any person wishing further information or clarification with regard to the application should contact the Planning Division at 705-487-2171 or planning(a.oro-medonte.ca. Page 17 of 462 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Individuals who submit letters and other information to Council and its advisory bodies should be aware that all information, including contact information, contained within their communications may become part of the public record and may be made available through the agenda process which includes publication on the Township's website. If you wish to be notified of the decision of the Township of Oro-Medonte in respect to the proposed Zoning By-law Amendment, you must make a written request. Written submissions/requests should be directed to: Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2E0 Attn: Andria Leigh, Director, Development Services plan ning(a)oro-medonte.ca Dated at the Township of Oro-Medonte this 11th day of June, 2021. Location Map 2 N 66 4, c M_DES-� c„o49h :� bPetl�0<• z 0 �I e J Bass=L`aw—Sr-d-E. z ® Subject Lands Page 18 of 462 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Applicant's Zoning Sketches JJ 'I ' PQSED SITE PLAN — WEST SIDE KEY PI. ■ 1 �m ■ _ I 1 ❑ Izm m•i ■ I Iga 41M ■ tw,,,m�� ❑ ■ I I — — ice— — GLAMPING TENT DETAILS XIS 41 IL MMPPNG DOME �1\EMISIIkG GIAMPING CIOME � � ��1.5e mml[Y PLW m ® �\1YPIGAL LE4CHING PIE �EK1511NG CLAMPING lEM 1:l0 MILL EL&nIIM E%I9 ING GLNIPM�rur /��pRoaosE�E +PROPOSED GL�MPING ppue Page 19 of 462 5.a) 5:30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... TYPICAL DETAILS nil mrrw Li ® 0 x DP95ED MULTI—PURPOSE TEM �PRDPOSED MULTI—PURPOSE TENTn.r.s. Pew H.Ts. ElEVhTA7N `i mxsi �oR A �PRDPOSED GUEST SERVICES BUILDING 'PROPOSED CUEST SERVICES 3LILDIh:C H.T.S. ?IPh N.T.S_ E AIQN Page 20 of 462 5.a) 5.30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... From: Municipal Planning<Munici pal Planning@enbridge.com> Sent:June 11, 2021 9:51 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Complete Application & Public Meeting scheduled for July 14, 2021 (2021-ZBA-06) Saila/Glen Oro Farm Thank you for your circulation. Enbridge Gas Inc. does not object to the proposed application however, we reserve the right to amend our development conditions. Please continue to forward all municipal circulations and clearance letter requests electronically to MunicipalPlanning(a)Enbridge.com. Regards, Alice Coleman Municipal Planning Analyst Long Range Distribution Planning ENBRIDGE TEL: 416-495-5386 1 MunicipalPlanning(a-)Enbridge.com 500 Consumers Road, North York, Ontario M2J 1 P8 enbridge.com Safety. Integrity. Respect. Page 21 of 462 5.a) 5.30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... From: Saunders, David<dsaunders@oro-medonte.ca> Sent:June 11, 2021 8:56 AM To: Falconi,Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Complete Application & Public Meeting scheduled for July 14, 2021 (2021-ZBA-06) Saila/Glen Oro Farm Teresa Development Engineering has No Objection to the above noted Application. A Site Plan Amendment shall be required to support the site design changes from a technical review perspective. Stay Healthy ! Dave David Saunders Manager, Development Engineering Page 22 of 462 5.a) 5.30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... From: Metras, Justin <jmetras@oro-medonte.ca> Sent:June 18, 2021 10:23 AM To: Falconi, Teresa <tfa Icon i@oro-medonte.ca> Subject: RE: Notice of Complete Application & Public Meeting scheduled for July 14, 2021 (2021- ZBA-06) Saila/Glen Oro Farm Teresa Operations has no objections to Zoning change application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 23 of 462 July 15, 2021 Development Services Committee 5.a) 5.30 p.m. Notice ofS� I i�R l l F , Notice of Pa... County of Simcoe Main Line (705)726-9300 couNTYOF Planning Department Toll Free (866)893-9300 SI' ' `]�/�C Highway no L9X 1 N6 imcoe6, Fax 5ca 27-4276 PIANNiN M dhur July 15, 2021 Andria Leigh VIA EMAIL Director, Development Services Township of Oro-Medonte 148 Line 7, Box 100, Oro, ON LOL 2E0 Dear Ms. Leigh, Subject: County Comments for Zoning By-law Amendment Public Meeting Township File No. 2021-ZBA-06 (Saila/Glen Oro Farms) County File No. OM-ZBA-2104 Related File No. OM-ZBA-18012 Lot 5, Concession 10, 2574 Line 10 North Thank you for circulating the above noted application to the County of Simcoe for comment. County Planning staff understand that the applicant has submitted a zoning by-law amendment to amend the site specific Agricultural/Rural Exception 294 (A/RU*294) in order to increase the size of glamping platforms from 36.0 square metres to 64.5 square metres and to increase the maximum permitted floor area of a building accessory to the glamping area from 40.0 square metres to 200.0 square metres. The proposed site plan indicates that the proposed guest services building will be located centrally in the glamping area and the submitted glamping tent details identify that washroom facilities will be located in both tents and domes and will include a toilet, sink and shower area. The subject lands are designated `Agricultural' and `Greenlands', per Schedule 5.1 — Land Use Designations to the Simcoe County Official Plan (SCOP) and the general glamping area is contained within the Greenlands designation. The subject property is located within 50 metres of a County Forest, within 120 metres of an Unevaluated and Evaluated Wetland, within 120 metres of a Stream, and a portion of the subject lands are within the Nottawasaga Valley Conservation Authority general regulation area. The subject property is part of the Growth Plan's Natural Heritage System and a portion of the subject property is located within the prime agricultural area of the Growth Plan's Agricultural Land Base mapping. Section 2.3.3.1 of the Provincial Policy Statement (PPS) 2020 states that "in prime agricultural areas, permitted uses and activities are: agricultural uses, agriculture-related uses and on-farm diversified uses. Proposed agriculture-related uses shall be compatible with, and shall not hinder, surrounding agricultural operations." On-farm diversified uses are defined as secondary uses to the principle agricultural use of the property, are limited in area, and include, but are not limited to, home occupations, home industries, agri-tourism uses, and uses that produce value-added agricultural products. Page 1 of 2 Page 24 of 462 5.a) 5.30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Section 3.6.6 of the SCOP also permits on-farm diversified uses within the Agricultural designation. The SCOP's definition of on-farm diversified uses is consistent with the PPS. Permitted uses in the Greenlands designation are intentionally limited as an objective of the Greenlands system is to preserve and restore the natural heritage system in the County and sustain natural heritage features and ecological functions of the Greenlands designation. Agricultural uses, Agricultural-related uses, and on-farm diversified uses are permitted in the Greenlands designation, subject to the natural heritage policies contained in Section 3.3.15 of the SCOP. The intent of the Greenlands designation on an active farm is not meant to restrict the use or economic viability of the use. The Applicants initial Zoning By-law Amendment was considered on the basis that the proposal represented an on-farm diversified use. A planning justification report in support of the application provided an evaluation of the Ministry of Agriculture, Food and Rural Affairs (OMAFRA) Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas for on-farm diversified uses. A new application which seeks to amend the approved Zoning By-law Exception should also apply OMAFRA's guidelines to ensure that the on-farm diversified use remains limited and secondary to the principle agricultural use of the property. All of the following criteria must be met to qualify as an on-farm diversified use in accordance with the PPS: • Located on a farm • Secondary to the principle agricultural use of the property • Limited in area • It is recommended that on-farm diversified uses may occupy no more than 2% of the property which the uses are located, to a maximum of 1 hectare • Includes, but is not limited to, home occupations, home industries, agri-tourism uses and uses that produce value-added agricultural products • Shall be compatible with, and shall not hinder, surrounding agricultural operations Should the application exceed the criteria for an on-farm diversified use, it would have to be demonstrated how permanent guest services buildings and serviced glamping sites could be permitted in the Greenlands designation. It is County Planning staff's opinion that the proposal would exceed what is intended to be permitted as outdoor passive recreation uses. Please circulate the County on any updates or notices related to this application. If you have any questions, please do not hesitate to contact me. Sincerely, The Corporation of the County of Simcoe Anna Dankewich Planner II P: 705-726-9300 x1970 E: anna.dankewich(a)-simcoe.ca cc: Dan Amadio, Manager of Planning - County of Simcoe Page 2of2 Page 25 of 462 5.a) 5:3W-p.m. Notice of Receipt of a Com lete Application, Notice of Pa... "p N Uvu!1 ?� -N-6-eul- w v O Y }+ J Cum U Ot .- i .N.6-auil Q- p CL oc� E ca NN%-WOO CO E Co Q � w OQ Cu m >, N z Q o � mCD — — L.- = cn N � � o 0 � C) o N a� — p O CO V `n 0 ti N � � � Q � � -0 N � U . . . . i +� Q •0 a z = CLI-I -0 i '� J N Cu N O 2 U Q Page 26 of 462 5.a) 5.30 p.m. Notice of Receipt of a Complete Application, Notice of Pa... .� a) C �' M lO U� �� a) w 'IT T M y O - � Cfl . 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T } > 'U ' w E U Q a) ° o � � can a) a) U - •� U a) M ( a) O x M ♦--' }, 'UCu 0 0 Q 4-0 O L ° a) 70 1— CL p 0 � •— 0) Q U) a) a) a) E E cu 7C3 ' .0 _o .v a) CO� Q E •; O o a) 4-0 O 0 M — Cu m a) N M M a) r m N :3 C: o E p cn .° c- E N icn .Cn a) O O o � � � oa) N � � � o � 70 a � 0 � M -0E a) - ' Ea)U V 0 U 0 � �E U � a) O O E6 0 Cn° U) o (D C: E 0 !E a) Q Q O O Page 36 of 462 5.b) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Notice of Receipt of a Complete Application r. Notice of Particulars and Public Access Notice of Public Meeting for Proposed Amendment to the Zoning By-law of the Township of Oro-Medonte 2021-ZBA-07 (MacGregor) Due to the evolving public heath situation (COVID-19), effective March 17, 2020 at 8:30 am the Township of Oro-Medonte Administration Office is closed to the general public until further notice. The Township will livestream the Public Meeting over the Internet for public viewing and participation. Please refer to the Township's website(oro-medonte.ca)for Public Meeting viewing and participation information. Take notice that the Township of Oro-Medonte deemed the following application to amend Zoning By-law 97-95, as amended, a"Complete" Application pursuant to the Planning Act on the 11th day of May, 2021. Take notice that the Development Services Committee of the Township of Oro- Medonte will hold a livestreamed Public Meeting on July 15, 2021 at 5:45 p.m. The purpose of the Public Meeting is to notify the public and to obtain public comments on a proposed Amendment to Comprehensive Zoning By-law 97-95, under Section 34 of the Planning Act, R.S.O. 1990 c. P. 13. The subject lands are described as West Part Lot 26, Concession 6, municipally known as 654 Ridge Road West. A key map illustrating the location of the subject lands, and a copy of the applicants site plan including the lands to be rezoned are included with this notice. The purpose and effect of the proposed Zoning By-law Amendment is to rezone lands from Agricultural/Rural (A/RU)Zone to Agricultural/Rural Exception (A/RU*)Zone to prohibit new residential uses on the retained lands. This Zoning By-law Amendment Application has been submitted to comply with a condition imposed by the Township's Development Services Committee with respect to Consent Application 2020-B-28. Input on the draft by-law amendment is welcome and encouraged. For specific details regarding public participation during the meeting please check the Township website at https://www.oro-medonte.ca/municipal-services/planninq-information. Written submissions can be made by: 1. Emailed to plan ninq(c)oro-medonte.ca prior to or during the Public Hearing; 2. Dropped in the drop box at the Township Administration Office on Line 7 South; 3. Faxed to(705)487-0133; or, 4. Mailed through Canada Post. If a person or public body does not make oral submissions at the public meeting or make written submissions to the Director, Development Services, The Corporation of the Township of Oro-Medonte before the proposed Zoning By-law Amendment is passed or refused, the person or public body is not entitled to appeal the decision of the Council of the Township of Oro-Medonte to the Ontario Land Tribunal and may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. Further details of the application are part of the public record and are available to the public for viewing/inspection on the Township's website www.oro-medonte.ca. Any person wishing further information or clarification with regard to the application should contact the Planning Division at 705-487-2171 or planning(a.oro-medonte.ca. Page 37 of 462 5.b) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Individuals who submit letters and other information to Council and its advisory bodies should be aware that all information, including contact information, contained within their communications may become part of the public record and may be made available through the agenda process which includes publication on the Township's website. If you wish to be notified of the decision of the Township of Oro-Medonte in respect to the proposed Zoning By-law Amendment, you must make a written request. Written submissions/requests should be directed to: Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2E0 Attn: Andria Leigh, Director, Development Services plan ning(a)oro-medonte.ca Dated at the Township of Oro-Medonte this 11th day of June, 2021. Location Map N v J Ridge-Rd-.-W. zo ui N �L IC J ® Subject lands Page 38 of 462 5.b) 5:45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... Applicant's Zoning Sketch ____FOAP AFLOWANCt EF/31fEN L015 25 AAm 26_____ 3; JOT j SEVERE®LANDS HE I 770 LA BE REZONED TO PROHIBIT RESIDENTIAL USES • 5 66 pART Rp40.V101YANGF k: EAST MEF OF i01 26 I cssrcav b PART 7 $ i 1 r ------------- I ee I 1 aeenm�an o I G I 1 I pYo I 4*• I r 1 sa mm°0w€$T a I - PART 3 A. AFr 3 AAP�I „a Z• I Page 39 of 462 5.b) 5.45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... From: Municipal Planning<Munici pal Planning@enbridge.com> Sent:June 11, 2021 9:51 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Complete Application & Public Meeting scheduled for July 14, 2021 (2021-ZBA-07) MacGregor Thank you for your circulation. Enbridge Gas Inc. does not object to the proposed application however, we reserve the right to amend our development conditions. Please continue to forward all municipal circulations and clearance letter requests electronically to MunicipalPlanning(a)Enbridge.com. Regards, Alice Coleman Municipal Planning Analyst Long Range Distribution Planning ENBRIDGE TEL: 416-495-5386 1 MunicipalPlanning(a-)Enbridge.com 500 Consumers Road, North York, Ontario M2J 1 P8 enbridge.com Safety. Integrity. Respect. Page 40 of 462 5.b) 5.45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... From: Saunders, David<dsaunders@oro-medonte.ca> Sent:June 11, 2021 8:39 AM To: Falconi,Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Complete Application & Public Meeting scheduled for July 14, 2021 (2021-ZBA-07) MacGregor Teresa Development Engineering has No Objection to the above noted Application. Stay Healthy ! Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 41 of 462 5.b) 5.45 p.m. Notice of Receipt of a Complete Application, Notice of Pa... w O Cu U CL CY) ao N�. 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Notice of Receipt of a Complete Application Notice of Particulars and Public Access Notice of Public Meeting for Proposed Amendment to the Zoning By-law of Pml the Township of Oro-Medonte 2021-ZBA-08 (2041063 Ontario Ltd.) Due to the evolving public heath situation (COVID-19), effective March 17, 2020 at 8:30 am the Township of Oro-Medonte Administration Office is closed to the general public until further notice. The Township will livestream the Public Meeting over the internet for public viewing and participation. Please refer to the Township's website (oro-medonte.ca)for Public Meeting viewing and participation information. Take notice that the Township of Oro-Medonte deemed the following application to amend Zoning By-law 97-95, as amended, a"Complete"Application pursuant to the Planning Act on the 9th day of June, 2021. Take notice that the Development Services Committee of the Township of Oro- Medonte will hold a livestreamed Public Meeting on July 15th , 2021 at 6:00 p.m. The purpose of the Public Meeting is to notify the public and to obtain public comments on a proposed Amendment to Comprehensive Zoning By-law 97-95, under Section 34 of the Planning Act, R.S.O. 1990 c. P. 13. The subject lands are located at 5071 Highway 11 North and are described as East Part of Lot 16, Concession 14 (Oro). A key map illustrating the location of the subject lands is included with this Notice. The purpose and effect of the proposed Zoning By-law Amendment is for a Temporary Use By-law to permit for a period of up to three (3) years the following uses on the lands: Buildings Supply Outlets and Showroom Business Offices Custom Workshops Retail Stores Building Contractors Supply Outlet Auction Centre Contractor's Yard Warehouses Outdoor Storage Uses Equipment Sales Establishment Banquet Hall Recreational Vehicle Sales Establishment (Snowmobiles, 4x4 vehicles) Construction Equipment Sales Establishment Swimming Pool and Spa Sales Establishment Dock and Seasonal Sales Establishment Motor Vehicle Sales Establishment (for a maximum of 50 vehicles) Trailer/Recreational Vehicle Sales Establishment (for a maximum of 50 units) Mobile/Modular Home Sales Establishment (maximum of 5 units) Service Shops, Light Accessory Outdoor Display and Sales (maximum of 7) Input on the draft by-law amendment is welcome and encouraged. For specific details regarding public participation during the meeting please check the Township website at https://www.oro-medonte.ca/municipal-services/planning-information. Written submissions can be made by: 1. Emailed to plan ninq(a)oro-medonte.ca prior to or during the Public Hearing; Page 51 of 462 5.c) 6:00 p.m. Notice of Receipt of a Complete Application, Notice of Pa... 2. Dropped in the drop box at the Township Administration Office on Line 7 South; 3. Faxed to (705)487-0133;or, 4. Mailed through Canada Post. If a person or public body does not make oral submissions at the public meeting or make written submissions to the Director, Development Services,The Corporation of the Township of Oro-Medonte before the proposed Zoning By-law Amendment is passed or refused,the person or public body is not entitled to appeal the decision of the Council of the Township of Oro-Medonte to the Ontario Land Tribunal and may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal,there are reasonable grounds to do so. Further details of the application are part of the public record and are available to the public for viewing/inspection on the Township's website www.oro-medonte.ca.Any person wishing further information or clarification with regard to the application should contact the Planning Division at 705-487-2171 or planninciaoro-medonte.ca. Individuals who submit letters and other information to Council and its advisory bodies should be aware that all information, including contact information, contained within their communications may become part of the public record and may be made available through the agenda process which includes publication on the Township's website. If you wish to be notified of the decision of the Township of Oro-Medonte in respect to the proposed Zoning By-law Amendment, you must make a written request. Written submissions/requests should be directed to: Township of Oro-Medonte 148 Line 7 South Oro-Medonte, Ontario LOL 2E0 Attn:Andria Leigh, Director, Development Services plan ninq(a)oro-medonte.ca Dated at the Township of Oro-Medonte this 11th day of June, 2021. Location Map a� iq O N ® Subject Lands "N Page 52 of 462 5.c) 6.00 p.m. Notice of Receipt of a Complete Application, Notice of Pa... From: Municipal Planning<Munici pal Planning@enbridge.com> Sent:June 11, 2021 9:50 AM To: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Complete Application & Public Meeting scheduled for July 15, 2021 (2021-ZBA-08) 2041063 Ontario Ltd. Thank you for your circulation. Enbridge Gas Inc. does not object to the proposed application however, we reserve the right to amend our development conditions. Please continue to forward all municipal circulations and clearance letter requests electronically to MunicipalPlanning(a)Enbridge.com. Regards, Alice Coleman Municipal Planning Analyst Long Range Distribution Planning ENBRIDGE TEL: 416-495-5386 1 MunicipalPlanning(a-)Enbridge.com 500 Consumers Road, North York, Ontario M2J 1 P8 enbridge.com Safety. Integrity. Respect. Page 53 of 462 5.c) 6.00 p.m. Notice of Receipt of a Complete Application, Notice of Pa... From: Saunders, David<dsaunders@oro-medonte.ca> Sent:June 15, 2021 9:12 AM To: Falconi,Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Complete Application & Public Meeting scheduled for July 15, 2021 (2021-ZBA-08) 2041063 Ontario Ltd. Teresa Development Engineering has No Objection to the above noted Application. Stay Healthy ! Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 54 of 462 5.c) 6.00 p.m. Notice of Receipt of a Complete Application, Notice of Pa... From: Metras,Justin <jmetras@oro-medonte.ca> Sent:June 18, 2021 10:05 AM To: Falconi,Teresa <tfalconi@oro-medonte.ca> Subject: RE: Notice of Complete Application & Public Meeting scheduled for July 14, 2021 (2021-ZBA-08) 2041063 Ontario Ltd. Teresa Operation has no comments on application. Justin Justin Metras Manager, Infrastructure and Capital Projects Township of Oro-Medonte Page 55 of 462 5.c) 6.00 p.m. Notice of Rewiptrgf2823 "pp$eakim, iicet(ed Pa... 5c) Additional correspondence received From:Shawn Filson <S.Filson@lsrca.on.ca> Sent:July 13, 2021 7:02 PM To: Falconi,Teresa <tfalconi@oro-medonte.ca> Subject:Temporary Use By-law (2021-ZBA-08) 5071 Highway 11 North Hello Teresa, Just a heads up that LSRCA have no comments to offer regarding the Temporary Use By-law Application for 5071 Highway 11 North. We will also not be charging for review of the Application. Shawn Filson, MSc. 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Township of Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2021-104 Development Services Danielle Waters, Committee Planner Meeting Date: Subject: Motion # July 15, 2021 Minor Variance Application 2021-A-37 Roll #: Wayne Hodge and Bonnie R.M.S. File #: 4346-020-009-21602 Clarke D13-59596 45 Blueberry Marsh Road Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2021-104 be received and adopted. 2. That Minor Variance Application 2021-A-37 by Wayne Hodge and Bonnie Clarke, specifically for permission to permit a detached accessory building with an increase in floor area to 111 .5 square metres (1 ,200.0 square feet) on the lands municipally known as 45 Blueberry Marsh Road, Township of Oro- Medonte, be approved, subject to the conditions as outlined in Report DS2021- 104. 3. The conditions are as follows: a. That notwithstanding Section 5.1.6 — Maximum floor area of Zoning By- law 97-95, the proposed detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b. That the proposed structure is not to be used for human habitation; c. That the proposed structure be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; d. That the appropriate Zoning Certificate and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services July 15, 2021 Report No. DS2021-104 Page 1 of 9 Page 67 of 462 6.a) 6.10 p.m. DS2021-104, Danielle Waters, Planner re: Minor Variance A... Background: The subject property has a lot area of 2.26 hectares (5.58 acres) and is currently used as a residential lot, as shown on Schedules 1 and 2. The property currently supports a single detached dwelling with an area of 292.3 sq. m. (3,146 sq. ft.). The applicants are proposing to construct a new detached accessory building. The applicants are requesting relief from the following section of Zoning By-law 97-95, as amended: Section 5.1 .6 Maximum floor area Required. Proposed: 100.0 square metres 1,076.4 square feet 111 .5 square metres 1 ,200.0 square feet The applicant's site plan and elevation drawings are included as Schedule 3 to this report. Analysis: Provincial Policies Provincial Policy Statement, 2020 The Provincial Policy Statement 2020 (PPS) came into effect on May 1, 2020 to replace the 2014 PPS. The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1.4 — Rural Areas and Section 2.1 — Natural Heritage are applicable to this application. The PPS defines `development' as "the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act..." The Rural Areas section supports limited residential development as well as development that is compatible with and builds upon the rural landscape. Section 2.1, the Province has mapped the Natural Heritage System, but the mapping is not applicable until such time that the upper tier municipality has identified the natural heritage systems in their official plans. This section is relevant due to proximity to a Provincially Significant Wetland (PSW) and Significant Woodlands (identified in the Township Official Plan on Schedule B). Planning Staff is of the opinion that this application is consistent with the policies of the PPS, as it is associated with a residential development/use on the property permitted by the policies. Development Services July 15, 2021 Report No. DS2021-104 Page 2 of 9 Page 68 of 462 6.a) 6.10 p.m. DS2021-104, Danielle Waters, Planner re: Minor Variance A... A Place to Grow, Growth Plan for the Greater Golden Horseshoe 2020 A Place to Grow (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the proposed detached accessory building (garage) is consistent with the Rural Areas policies in the Growth Plan 2020, as the lands subject to this application are located within a rural area in the Township. With respect to Section 4.2.2, the Province has mapped the Natural Heritage System, but the mapping is not applicable until such time that the upper tier municipality has identified the natural heritage systems in their official plans. This section is relevant due to proximity to proximity to a Provincially Significant Wetland (PSW) and Significant Woodlands (identified on Schedule B of the Township Official Plan). The proposed structure will be more than 120m from the PSW. Significant Woodlands have been identified near the front lot line by the Township's Official Plan. The proposed structure will be 100m from this area, and it appears that this area is a hedge row along the front lot line, and not a part of a large forest system. Staff do not believe a Natural Heritage Evaluation (NHE) would be beneficial in the making of a decision on this application. Planning Staff is of the opinion that this application conforms to A Place to Grow, 2020 as the subject land is already developed for residential purposes. County of Simcoe Official Plan The property is designated Rural in the County of Simcoe's Official Plan. The intent of the Rural designation is to "recognize, preserve and protect the rural character and promote long-term diversity and viability of rural economic activities" (County of Simcoe, 2016). Section 3.7.4 permits limited residential development in the rural designation. In Planning Staff's opinion, the application conforms to the County's Official Plan as the construction of a detached accessory building to a residential dwelling is a permitted use on the subject lands. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with Provincial Policy Statements and shall conform with or shall not conflict with the Provincial Plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance Development Services July 15, 2021 Report No. DS2021-104 Page 3 of 9 Page 69 of 462 6.a) 6.10 p.m. DS2021-104, Danielle Waters, Planner re: Minor Variance A... must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Does the variance conform to the general intent of the Official Plan? The subject lands are designated Rural in the Township's Official Plan. Pursuant to the policies of the Plan, permitted uses within this designation are single detached dwellings and by extension accessory uses to the residential use. Therefore, based on the above, the requested variance pertaining to the construction of an accessory building is considered to conform to the general intent and purpose of the Official Plan. Does the variance conform to the general intent of the Zoning By-law? The subject property is zoned Agricultural/Rural (A/RU) in the Township's Zoning By- law 97-95, as amended. Single detached dwellings are permitted in the A/RU Zone and the proposed detached accessory building would be accessory to this permitted use. The general intent of the Zoning By-law in requiring the maximum floor area requirements is to ensure that an accessory building will continue to be secondary and subordinate to the primary use of the property as residential. The proposed detached accessory building will be smaller in size (floor area) and height than the existing dwelling. The proposed accessory building will be located well back from the road. In this case, the accessory building is proposed to be located more than 100 metres from the front lot line. Upon site inspection, it was confirmed that there is mature vegetation located along the lot lines and within the property that would screen the building from the street. It is Planning Staff's opinion that based on the combination of the proposed accessory building remaining smaller than the dwelling, a significantly large proposed setback from the street and the mature vegetation existing on the property that the proposed accessory building would therefore continue to appear secondary and subordinate to the residential use of the property. For the reasons outlined above, Planning Staff is of the opinion that the requested variance is considered to meet the general intent and purpose of the Zoning By-law. Is the variance appropriate for the desirable development of the lot? Planning Staff does not expect the proposed structure to stand-out, look out of place or detract from the character of this established neighbourhood. Upon site visit, Staff noted that the existing mature vegetation along the interior/front lot lines and substantial setback of over 100 metres would effectively buffer the presence of the building. The proposed structure will be in keeping with the character of the neighbourhood as several surrounding properties have detached buildings. Section 5.1.1 of the Zoning By-law states that no detached accessory building shall be used for human habitation, therefore Planning Staff recommend that as a condition of the minor variance, the proposed detached accessory building is restricted to storage only Development Services July 15, 2021 Report No. DS2021-104 Page 4 of 9 Page 70 of 462 6.a) 6.10 p.m. DS2021-104, Danielle Waters, Planner re: Minor Variance A... (noted as Condition 3(b))The proposed structure will not interfere with functional matters such as parking and the septic system. Based on the above, Planning Staff are satisfied that the proposed development would be considered desirable for the appropriate development of the lot. Is the variance minor? The question of the minor nature of the variance relates to its scale and impact. The structure is not anticipated to have an adverse impact on the neighbourhood as it will appear to be secondary from the road, be well set back into the property and some mature vegetation will soften the appearance of the building from neighbouring properties and Blueberry Marsh Road. The proposed accessory building is set well back from the road, and is smaller in height and floor area than the existing dwelling. In Planning Staff's opinion, the requested Minor Variance is minor in nature. As the proposed variance is considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the variance is considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c.P.13 • Provincial Policy Statement, 2020 • A Place to Grow, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2016, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Balanced Growth - Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Development Services July 15, 2021 Report No. DS2021-104 Page 5 of 9 Page 71 of 462 6.a) 6.10 p.m. DS2021-104, Danielle Waters, Planner re: Minor Variance A... Staff are of the opinion that the proposed development will not negatively impact the Township's natural features and attributes and is therefore consistent with the Strategic Plan. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Development Engineering — no objections • Township Infrastructure and Capital Projects — no objections Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan and Elevations Conclusion: Planning Staff recommends that Minor Variance Application 2021-A-37 be approved, specifically to permit a detached accessory building with an increase in floor area to 111.5 square metres (1,200.0 square feet) on the lands municipally known as 45 Blueberry Marsh Road on the basis that the application is consistent with and conforms to Provincial policies and plans and the County and Township Official Plans and meets the four tests of the Planning Act. Respectfully submitted: Danielle Waters, Planner Approvals: Date Derek Witlib, Manager, Planning Services July 9, 2021 Andria Leigh, Director, Development Services July 9, 2021 Development Services July 15, 2021 Report No. DS2021-104 Page 6 of 9 Page 72 of 462 6.a) 6.10 p.m. DS2021-104, Danielle Waters, Planner re: Minor Variance A... Schedule 1: Location map iaon e[aoe•Rd. Heiaesh�I•Y M Rd. M• re T 40 76 Blueberry Marsh Rd. 41 J 97 i u UJ 89 811 737 32 Schedule 1 Location 'PIluwnship of ®Subject Lands �� Proud Heritage,Exciting Future 0 200 M File Number:2021-A-37 N I I Development Services July 15, 2021 Report No. DS2021-104 Page 7 of 9 Page 73 of 462 6.a) 6.10 p.m. DS2021-104, Danielle Waters, Planner re: Minor Variance A... Schedule 2: Aerial Photo vaeerad. elan.0.d. aaa Blueberry Marsh Rtl. 0. �P V.11i Id• nre .0 iId Y i Alk x yid l r oo Schedule 2 Aerial Photo 'PI luwnship of Subject Lands Proud Heritage,Exciting Future o sa m File Number:2021-A-37 '� I 1 Development Services July 15, 2021 Report No. DS2021-104 Page 8 of 9 Page 74 of 462 6.a) 6.10 p.m. DS2021-104, Danielle Waters, Planner re: Minor Variance A... Schedule 3: Applicant Site Plan 1f S Q�M 1 4 r Wtl� " 4,., {IDA � RM Girl/ LjrQ�{� Schedule 3 Site Plan & Elevation Drawing Toivnship of File Number 2021-A-37 Proud HeritnRe,Exn:iia,Q Future Development Services July 15, 2021 Report No. DS2021-104 Page 9 of 9 Page 75 of 462 6.a) 6.10 p.m. DS2O21-104, Danielle Waters, Planner re: Minor Variance A... From: Saunders, David <dsaunders@oro-medonte.ca> Sent: June 22, 2021 1:13 PM To: Ceretti, Kendra <KCeretti@oro-medonte.ca>, Planning <Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing Development Services Committee Meeting July 15th, 2021 (2021-A-37) Hodge/Clarke Kendra Development Engineering has No Objection to the above noted Application. Stay Healthy Dave Page 76 of 462 6.a) 6.10 p.m. DS2021-1Q�y DgmialI�J4 'jr,sk?rl pe'nfiaitMnor Variance A... 6a)Additional correspondence received 2021-A-37 Operations has no objections to this application. 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P!^ �, i - 6.a) 6-10 p.m. DS2021-104, Danielle Waters, Planner re- Minor Variance A Ca IZ Cn Cu r� t Cu - 1 Cu c u • • • Cu 70 Cu CU Cn Cu CD Cn Cu LU � •.. v `~ - � s— "I.I f r9 Page 8 of 462 7 Ell 1 <. 6.a) 6-10 p.m. DS2021-104, Danielle Waters, Planner re: Minor Variance A +�. 1 0 Cu 1 s CU Cu a CL p. kk .L3 • Ca4 +t rw �✓ t•'>�x �•r ' I � J !, 7' 1 e Akan Cu 1 , Page 84 of • 6.a) 6.10 p.m. DS2021-104, Danielle Waters, Planner re: Minor Variance A... m o r-I Q 4J v - L L 4-j CO (1) O f t O CT) '- >+ f� O >• `� L y O � •N � � CU U O ZT Q Q U O •� - O Q N U � 0 0 O Q •0 C6 N � h0 .0 O � . _ Lr � _0 ^' L W L 0 O a-J fn U _O CU C7) E CU CV i > O — E 0 �E E O U 7 � ' °J o � 0 � U CL _ v � >O (1) C6 aJ c6 OQj a) i 4.., O d Q U 0 >, �'ca 70 � 0 0 O � QQ � a� c� — '� Cu � � ) D O � � � m � N � � � — a>i CU a) CO "070 = Q � U d-j U O Q > O U N j aJ o N `F O ' L N C6 ate--+ c-I N 0 N N � O CO U O O C O O Q ' u CO V CU 0 0 O U v N CO 0 0 N N Q � � > oN = N � . . O Q N o N v v �J o � can N CU �= Q C6 40 .E - C O O -+ 0 CE U) CU 4--' O O O 0 U •20 QO -0 O O v N QCa CU Z CO 0 0 CU Q Q Qru � COO L L O O C CV +_ O O � � � .� CUB � CO CO � t t t O � CU 0 OU C6 CO L 0� N ~ c� H H O H U _0 U V � � � U Q 0 C/) Page 85 of 462 6.b) 6.20 p.m. DS2021-112, Derek Witlib, Manager, Planning Services re: ... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2021-112 Development Services Derek Witlib, Manager Committee Planning Services Meeting Date: Subject: Motion # July 15, 2021 Minor Variance Application 2021-A-38 Roll #: Thomas Husebye R.M.S. File #: 4346-020-001-19900 4612 Line 2 North D13-59609 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-112 be received and adopted. 2. That Minor Variance Application 2021-A-38 by Thomas Husebye, specifically to permit the construction of a 282 square metres (3035 square feet) addition to a dwelling, with an 11 metre (36.1 feet) setback from the limit of the Environmental Protection (EP) Zone on lands municipally known as 4612 Line 2 North, Township of Oro-Medonte, be approved, subject to the conditions as outlined in Report DS2021-112. 3. The conditions are as follows: a) That notwithstanding Section 5.27 of Zoning By-law 97-95, as amended, the proposed addition shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed structure be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; and, c) That the appropriate Zoning Certificate and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The subject property is located on the west side of Line 2 North, having a lot area of approximately 38 hectares (94 acres) and currently supports a one-storey single Development Services July 15, 2021 Report No. DS2021-112 Page 1 of 10 Page 86 of 462 6.b) 6.20 p.m. DS2021-112, Derek Witlib, Manager, Planning Services re: ... detached dwelling and an accessory building that are centrally located within the property. A watercourse connected to a pond bisects the property. Much of the lands appear to be used for agricultural purposes. Surrounding land uses are primarily agricultural. A Location Map and an Aerial Photo are included as Schedules 1 and 2 to this report. The applicant is proposing to construct a new 282 square metre (± 3,035 square feet) addition to the dwelling and is requesting relief from the following sections of Zoning By- law 97-95, as amended: Section 5.27 - Setbacks from Limits of Environmental Protection Zone Required: Proposed: 30 metres 98.4 feet 11 metres 36.1 feet Section 5.16.1 - Non-Complying Buildings and Structures - Enlargement, Repair or Renovation Required: Proposed: b) does not increase the useable floor area 282 square metres (3035 square feet) in a required yard. addition c) does not in any other way increase a situation of non-compliance The applicant's site plan drawing is included as Schedule 3 to this report. Analysis: Provincial Policy Statement (2020) The Provincial Policy Statement 2020 (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Section 1 .1.4 — Rural Areas, Section 1.1 .5 Rural Lands, and Section 2.2 —Water and Section 3.1 — Natural Hazards are applicable to this application. Section 1 .1 .4 Rural Areas in Municipalities and Section 1 .1 .5 Rural Lands in Municipalities contains policies for rural lands in municipalities on where to direct development. Policy 1.1.5.4 states "development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted." The surrounding land uses of the subject lands consist of large agriculturally related and rural residential land uses. Therefore, the proposed addition will be in keeping with the rural landscape of the area. Planning Staff is of the opinion that the proposed development is consistent with the Water and Natural Hazards policies of the PPS, as the proposed addition is not anticipated to have any negative impacts on the nearby watercourse, since there is already existing development (i.e. existing dwelling) located closer to the watercourse than the proposed addition, and no flooding hazards are anticipated based on Staff's Development Services July 15, 2021 Report No. DS2021-112 Page 2 of 10 Page 87 of 462 6.b) 6.20 p.m. DS2021-112, Derek Witlib, Manager, Planning Services re: ... on-site observations that the dwelling is at a substantially higher elevation (6 metres according to Simcoe County GIS information) than the pond and watercourse. Planning Staff is of the opinion that this application is consistent with the policies of the PPS. However, as of the preparation of this report the Township has not received comments from the Nottawasaga Valley Conservation Authority and the Committee should have regard for any comments that may be received. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) The Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed addition is consistent with the Rural Areas policies in the Growth Plan. Section 4.2.4 — Lands Adjacent to Key Hydrological Features and Key Natural Heritage Features also applies to this application as the proposed development is located in proximity to a watercourse. Specifically, Section 4.2.4.1 states: "Outside settlement areas, a proposal for new development or site alteration within 120 metres of a key natural heritage feature within the Natural Heritage System or a key hydrologic feature will require a natural heritage evaluation or hydrologic evaluation that identifies a vegetation protection zone, which: a) is of sufficient width to protect the key natural heritage feature or key hydrologic feature and its functions from the impacts of the proposed change; b) is established to achieve and be maintained as natural self-sustaining vegetation; and c) for key hydrologic features, fish habitat, and significant woodlands, is no less than 30 metres measured from the outside boundary of the key natural heritage feature or key hydrologic feature." (p. 43-44). In Planning Staff's opinion, no Growth Plan objective would be served by requiring a Natural Heritage Evaluation (NHE) for the purposes of the proposed addition, as the development is proposed to be located within the existing developed yard and therefore the extent of site alteration and development on the lands is not expanding any closer to the watercourse than the existing dwelling and its associated landscaping. Therefore, there is no new or increased impact created by the proposed development on any hydrologic features. County Official Plan The property is designated Agricultural, Rural and Greenlands in the Simcoe County Official Plan. The existing dwelling and its proposed addition are situated in the Rural designation. The residential use of the property is a permitted use and in Planning Staff's opinion, the application conforms to the County's Official Plan. Development Services July 15, 2021 Report No. DS2021-112 Page 3 of 10 Page 88 of 462 6.b) 6.20 p.m. DS2021-112, Derek Witlib, Manager, Planning Services re: ... Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with Provincial Policy Statements and shall conform with or shall not conflict with the Provincial Plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances maintain the general intent and purpose of the Official Plan? The subject lands are designated Rural and Environmental Protection One in accordance with Schedule "A— Land Use" of the Township's Official Plan. The existing dwelling and its proposed addition are situated in the Rural designation. There is a watercourse that runs through the property and is connected to a pond south of the dwelling; therefore, Section B5.1.2 — Rivers & Streams is also applicable to this application. The intent of the Official Plan is to protect all rivers and streams from incompatible development and to minimize the impacts of such development on their function. In this regard, no development is permitted below the top of bank of any river or stream or within 30.0 metres (98.4 feet) of the top of bank. Since the application is for an addition that will be setback approximately 40.0 metres (131 feet) to the closest point of the watercourse and approximately 6 metres above water level, the potential for new or increased impacts created as a result of the proposed development appears to be minimal. Planning Staff finds the variance to maintain the general intent and purpose of the Official Plan. However, as of the preparation of this report the Township has not received comments from the Nottawasaga Valley Conservation Authority and the Committee should have regard for any comments that may be received. Does the variance maintain the general intent and purpose of the Zoning By-law? The subject property is zoned "Agricultural/Rural (A/RU)" and "Environmental Protection (EP)" in the Township's Zoning By-law 97-95, as amended. The dwelling and the proposed addition are located on the A/RU zoned portion of the property and are permitted pursuant to Section 5.1 of the By-law. The proposed development of the lands requires relief from the Zoning By-law to permit the construction of the addition with a 11 metre (36.1 feet) setback from the limit of the EP Zone, as shown on the applicant's sketch in Schedule 3. Also required is a variance from Section 5.16.1 — Development Services July 15, 2021 Report No. DS2021-112 Page 4 of 10 Page 89 of 462 6.b) 6.20 p.m. DS2021-112, Derek Witlib, Manager, Planning Services re: ... Enlargement of a Non-Complying Structure, to allow the additional 282 square metres (3035 square feet) of floor space. The intent of the 30.0 metre (98.4 feet) setback required by the Zoning By-law is to protect buildings and structures from being constructed too close to an environmental feature, as well as to protect development from flooding and erosion hazards. Upon site inspection, it was determined that the watercourse runs diagonally through the property behind the existing dwelling and the proposed addition. The proposed addition is to be located approximately 40 metres (131 feet) to the closest point of the watercourse and approximately 6 metres above water level which, in Planning Staff's opinion, will not impact the watercourse or create an increased hazard risk to persons or property. Based on the above, the proposed variance meets the general intent and purpose of the Zoning By-law. However, as of the preparation of this report the Township has not received comments from the Nottawasaga Valley Conservation Authority and the Committee should have regard for any comments that may be received. Is the variance appropriate for the desirable development of the lot? The variance is considered appropriate and desirable as the proposed addition will be located in an area that is already cleared, and which has been used as part of a driveway turn-around. No functional elements such as parking, access, amenity space or the septic system would be affected by the proposed construction on this large rural property. Based on the above, Planning Staff is of the opinion that the variance is desirable for the appropriate development of the lot. Is the variance minor? The question of the minor nature of the variance relates to its scale and impact. Planning Staff are of the opinion that the requested variances to accommodate an addition to an existing dwelling are minor in nature for this property, as the addition would be constructed further from the watercourse than the existing development on the property, it is not anticipated to have an adverse impact on the environmental feature or increase any hazard risk and no surrounding land uses would be affected by the proposed construction. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Development Services July 15, 2021 Report No. DS2021-112 Page 5 of 10 Page 90 of 462 6.b) 6.20 p.m. DS2021-112, Derek Witlib, Manager, Planning Services re: ... Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2016, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Staff are of the opinion that the proposed development will not negatively impact the Township's natural features and attributes. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Development Engineering — no objection. Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Conclusion: Planning Staff recommends that Minor Variance Application 2021-A-38 be approved, specifically to permit the construction of a 282 square metres (3035 square feet) addition to a dwelling, with an 11 metre (36.1 feet) setback from the limits of the Environmental Protection (EP) Zone on lands municipally known as 4612 Line 2 North, Township of Oro-Medonte, on the basis that the application meets the four tests of the Planning Act, conforms to or is consistent with applicable Provincial, County and Township planning policies and represents good planning. Development Services July 15, 2021 Report No. DS2021-112 Page 6 of 10 Page 91 of 462 6.b) 6.20 p.m. DS2021-112, Derek Witlib, Manager, Planning Services re: ... Respectfully submitted: Derek Witlib, MCIP, RPP, Manager, Planning Services Approvals: Date: Andria Leigh, Director, Development Services July 12, 2021 Development Services July 15, 2021 Report No. DS2021-112 Page 7 of 10 Page 92 of 462 6.b) 6.20 p.m. DS2021-112, Derek Witlib, Manager, Planning Services re: ... va�rJRd' 6 63 73 51 r C 59 tan Rd. 'J ' 45 5610 1430 1342 1292 1224 T , =35 H.—sh�l•a'i r27 .� Mount-St:L-ouis-Rd:W. o a.arrie.Rd.� 19 - 5610 4768 IRidg Road 1473 4803 04680 4641 Z N 461 J 4531 4522 4479 4461 4350 50151-Srd. 4303 5[7 Schedule 1 Location h Townsip of ® Subject Lands Proud Heritage,Exciting Future 0 500 rn File Number:2021-A-38 4/ Development Services July 15, 2021 Report No. DS2021-112 Page 8 of 10 Page 93 of 462 6.b) 6.20 p.m. DS2021-112, Derek Witlib, Manager, Planning Services re: ... t �;�o RIB onn ne Rd. 47 Horsesha-all y SI OWear ie.�Rd. ■ s ` r N C � J 1 ■ Schedule 2 # J Aerial Photo —► Toumsh.ip o� Subject Lands Proud Heritage,Exciting Future 0 300 M File Number:2021-A-38 Development Services July 15, 2021 Report No. DS2021-112 Page 9 of 10 Page 94 of 462 6.b) 6.20 p.m. DS2021-112, Derek Witlib, Manager, Planning Services re: ... Schedule 3: Applicant's Site Plan N EXISTING AGRICULTURAL BUILDING 1js�h PROPOSED DWELLING EXISTING DWELLING 1 ,* Q9 272m 270m G ; �66�ry 2sgm / POND 7ECTION ZONE ENVI PONNIENrAL PRO 30m BUFFER FROM EP ZONE ass PROVINCIALLY: SIGNIFICANT ND III Development Services July 15, 2021 Report No. DS2021-112 Page 10 of 10 Page 95 of 462 6.b) 6.20 p.m. DS2021-112, Derek Witlib, Manager, Planning Services re: ... From: Saunders, David <dsaunders@oro-medonte.ca> Sent: June 23, 2021 2:57 PM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing Development Services Committee Meeting July 15th, 2021 (2021- A-38) Husebye Development Engineering has No Objection to the above noted Application. Regards Page 96 of 462 6.b) 6.20 p.m. DS2021-112, Derek Witlib, Manager, Planning Services re: ... July 15, 2021 Development Services Committee 6b) Additional correspondence received From:Amy Knapp <aknapp@nvca.on.ca> Sent:July 12, 2021 1:23 PM To: Karaiskakis, Andy<aKaraiskakis@oro-medonte.ca> Cc: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: NVCA Committee of Adjustment Comments. Good Afternoon Andy, The Nottawasaga Valley Conservation Authority (NVCA) has reviewed the planning applications contained within this email and can offer the following for consideration: Minor Variance — 2021-A-38— 4612 Line 2 North The Nottawasaga Valley Conservation Authority (NVCA) has reviewed the proposed minor variance and based upon our mandate and policies under the Conservation Authorities Act, we have no objection to the approval of this application. Further, staff have confirmed that the proposed development is not within: • a flood susceptible area; • a hazardous site (characterized by unstable soils or bedrock); • an erosion hazard area, or; • an area subject to this Authority's Development, Interference With Wetlands and Alterations To Shorelines and Watercourses Regulation (Ontario Regulation 172/06). • No Natural Heritage Features present Therefore, please regard this letter as clearance under the Conservation Authorities Act and Ontario Regulation 172/06 for the proposed construction based on the site plan circulated with the application. Please advise if the proposal changes in any way as a permit with conditions may be required from the NVCA. Thank you for circulating these applications and please forward a copy of any decision and notice of any appeals filed for the above reference applications Sincerely, Amy Knapp I Planner III Nottawasaga Valley Conservation Authority 8195 8th Line, Utopia, ON LOM 1TO T 705-424-1479 ext.233 I F 705-424-2115 aknapp@nvca.on.ca I nvca.on.ca I am currently working remotely as the Nottawasaga Valley Conservation Authority is taking preventative measures to limit the spread of COVID-19. You may experience some delays or disruptions as we follow recommendations of health professionals to slow the virus from spreading. This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy all copies of the original message. Page 97 of 462 6.b) 6:20 p.m. DS2021-112, Derek Witlib, Manager, Planning Services re: ... w IR IL - �N w J fA o O � o E, N_Z 3ull: 0 Oand. a��ea CU 1 V/ N W� b 0 LO 1/1 U 00 CO Cu > ' p O Q w N O ca •C— 0 (6 Cu G z O 4-0 -0 0 N 0 � U (6 U D � — 0 U J O 0 4-1 U . . Cu . . i C C }' NT Q 0 a (a . . EU- E }' O C:++ .� 0 Nw Ow 0� Page 98 of 462 6.b) 6.20 p.m. DS2021-112, Derek Witlib, Manager, Planning Services re: ... I L 4- W M •� c O m 0 4) M N o .EZ r O C: O �= O A., N W ai IN10� _ -0 _ a) Cu C a` 4) E U 3 . . ( CL � O O a) O cn .o Q O a M a N co U U 4-0 O c cn 00 T w 0) � Ca W L Ca •Cu L 0 QI > Ca O 4) •C O O 0- a) 0 CL N ay .4 .U) OCn •� a) o �, E .V U ''"' Z CO C a ' (n I U (a a) 0 4-- . . O (D O r �� ID N 0 a) .� CO O � � IY -0 i in Q � (n O Page 99 of 462 6.b) 6.20 p.m. DS2021-112, Derek Witlib, Manager, Planning Services re: ... 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QL ■ U 00 � CO Cu O C) N o Q O to O O J Page 104 of 462 6.b) 6.20 p.m. DS2021-112, Derek Witlib, Manager, Planning Services re: ... w o/ 1 < W O VJ O C •E W S 3 -0 U) C6 Q ~ � CO 0) o o70 70 — a) -0 O ^ N � - o C6 � 0 O -0 cn O L }, CO CL O rnC � C ai o a� 0 L M z� Z CO L CO CO 70 N —mw 2 E CO O W -0 U O � N N p-(1) 5 -070 o ._ "I— �E L CO to Q 00 0 0 -0 O Cn � j CO � C`) •— CO O O O E U co u) Q. a) L E -- � C O O � � � O +� — +� O � = E = � � cn � cn � Ca � OO -� .� .� () U CO -0 U Page 105 of 462 6.c) 6.30 p.m. DS2021-097, Catherine McLean, Intermediate Planner re: Mi... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2021-097 Development Services Catherine McLean Committee Intermediate Planner Meeting Date: Subject: Motion # July 15, 2021 Minor Variance Application 2021-A-39 Roll #: Lindsay & Ryan Foell R.M.S. File #: 4346-020-010-05537 40 Pine Ridge Trail D13 59627 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-097 be received and adopted. 2. That Minor Variance Application 2021-A-39 by Lindsay & Ryan Foell specifically for permission to build a detached accessory building in the front yard, approximately 13.3 metres (43.75 feet) from the front lot line, and with a reduced interior side yard setback of 0.76 metres (2.5 feet) on lands municipally known as 40 Pine Ridge Trail, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2021-097. 3. The conditions are as follows: a) That notwithstanding Section 5.1.3 (a) and Section 5.1 .3 (d), the proposed detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed detached accessory building be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the proposed detached accessory building shall not be used for human habitation, commercial purposes or for a home industry; d) That an Ontario Land Surveyor verify by pinning the foundation wall and verifying in writing by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the detached accessory building is located no closer than 0.76 metres (2.5 feet) from the interior side lot line; and, e) That the appropriate Zoning Certificate, Engineered Lot Grading Plan and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services July 15, 2021 Report No. DS2021-097 Page 1 of 10 Page 106 of 462 6.c) 6.30 p.m. DS2021-097, Catherine McLean, Intermediate Planner re: Mi... Background: The subject property has a lot area of 0.19 hectares (0.46 acres) according to MPAC records and contains a single detached dwelling and a 9.3 square metres (100.0 square feet) shed. The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. The applicants are proposing to build a one storey detached accessory building (57.9 square metres/624.0 square feet) in front of the dwelling and are seeking relief to the following sections of Zoning By-law 97-95: Section 5.1 .3 a — Permitted Locations for Detached Accessory Buildings Required: Proposed: Not be located in the front yard. Located in the front yard, approximately 13.3 metres (43.75 feet) from the front lot line. Section 5.1 .3 d — Interior side yard setback for a detached accessory building (garage) Required. Proposed: 2.0 metres 6.6 feet 0.76 metres 2.5 feet The applicants' site plan and elevation drawings are included as Schedules 3 and 4 to this report. Analysis: Provincial Policies Provincial Policy Statement (PPS) 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Section 1.1.3 — Settlement Areas is applicable to this application. Specifically, Section 1.1 .3.1 speaks to settlement areas being the focus of growth and development. The subject lands are located within the Horseshoe Valley settlement area; therefore, Planning Staff is of the opinion that this application is consistent with the Settlement Areas policies of the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) The Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.1 Managing Growth is applicable to this application and states that settlement areas should be the focus of growth. This section has been reviewed and Planning Staff are of the opinion that the proposed detached accessory building conforms to the policies in the Growth Plan as the lands subject to this application are already within an established residential settlement area. Development Services July 15, 2021 Report No. DS2021-097 Page 2 of 10 Page 107 of 462 6.c) 6.30 p.m. DS2021-097, Catherine McLean, Intermediate Planner re: Mi... County Official Plan The property is designated Settlements in Simcoe County's Official Plan. The Settlements designation is the focus of population growth and seeks to develop a compact urban form that promotes the efficient use of land. In Planning Staff's opinion, the proposed detached accessory building is consistent with the County's Official Plan as it is accessory to the existing permitted residential use. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? The subject lands are located in the Rural Settlement Area of Horseshoe Valley and are designated Low Density Residential in accordance with Schedule D — Horseshoe Valley, which forms part of the Township's Official Plan. Permitted uses within the Low Density Residential designation include single detached dwellings and by extension accessory uses including detached accessory buildings. Therefore, the requested variances pertaining to the construction of a detached accessory building, accessory to the existing residential use, are considered to conform to the Township's Official Plan. Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Residential One Exception 63 (R1*63) in the Township's Zoning By-law 97-95. Exception 63 references a change to the exterior side yard setback, which is not applicable for this property. According to the Township's Zoning By-law, an accessory building is permitted pursuant to Section 5.1. The proposed detached garage complies with the height, lot coverage and floor area requirements. The applicant has requested relief from the Zoning By-law to permit the construction of a detached accessory building in the front yard with a reduced interior side yard setback. The general intent of the Zoning By-law in prohibiting accessory buildings, such as garages, in front yards is to ensure the dwelling remains primary in both use and appearance on the lands, particularly when viewed from the street, and to ensure that Development Services July 15, 2021 Report No. DS2021-097 Page 3 of 10 Page 108 of 462 6.c) 6.30 p.m. DS2021-097, Catherine McLean, Intermediate Planner re: Mi... there is adequate space for parking in the driveway. The applicants have requested to build their detached accessory building in front of the single detached dwelling, approximately 13.3 metres (43.75 feet) from the front lot line. In Planning Staff's opinion, the proposed garage, at 57.9 sq.m (624.0 sq.ft), would be sufficiently smaller than the existing single detached dwelling, at 180.8 sq.m. (1,946.0 sq.ft.) according to MPAC records, to ensure that the dwelling maintains its appearance as the dominant structure on the property. Due to the proposed placement of the garage in front of the dwelling, 13.3 metres (43.75 feet) from the front lot line and 1 .02 metres (3.3 feet) in front of the dwelling, the accessory building will have the appearance of being attached to the dwelling when viewed from the road. The proposed front yard setback will ensure that there is adequate space for off-street parking in front of the garage. The Zoning By-law's requirement for a minimum interior side yard setback of 2.0 metres (6.6 feet) is intended to provide spatial separation between residential properties, as well as provide space for access and maintenance around buildings and structures. The applicants are proposing an interior side yard of 0.76 metres (2.5 feet) which, in Planning Staff's opinion, is adequate space for maintenance and access around the building as it maintains spatial separation between the subject lands and the neighbouring property. Prior to issuance of a building permit, the owners will be required to prepare an Engineered Lot Grading Plan, subject to municipal approval. The plan will ensure that water drainage resulting from the proposed accessory building will be mitigated on the subject lands and will not impact neighbouring lots. For the reasons outlined above, Planning Staff are of the opinion that the proposed variances meet the general intent and purpose of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Planning Staff noted that the location of the proposed detached accessory building in the front yard is not out of character for the area as the owners at 19 Pine Ridge Trail obtained a variance to permit their detached accessory building in the front yard with a setback of 13.4 metres (43.96 ft.) from the front lot line (Minor Variance 2014-A-28), the owners at 39 Pine Ridge Trail obtained a variance for a detached accessory building in the front yard with a setback of 14.9 metres (48.9 ft.) from the front lot line (Minor Variance 2008-A-18) and the owners at 18 Pine Ridge Trail obtained a variance to permit the detached accessory building in the front yard, approximately 15.24 metres (50.0 ft.) from the front lot line (Minor Variance 2004-A-37). Upon site visit, Planning Staff noted that the proposed detached accessory building would have a minimal impact on the adjacent landowners and will not result in the over- development of the subject lot. The neighbours on the south side have a shed adjacent to the lot line that abuts the subject lands, near the location of the proposed garage. Furthermore, the applicants will still have access to the backyard along the north east side of their property, should they need to bring in any large machinery to the rear of the dwelling. For these reasons, Planning Staff are of the opinion that the proposed variances are considered desirable development of the lot. Development Services July 15, 2021 Report No. DS2021-097 Page 4 of 10 Page 109 of 462 6.c) 6.30 p.m. DS2021-097, Catherine McLean, Intermediate Planner re: Mi... Are the variances minor? The question of the minor nature of the variances relates to their scale and impact. In Planning Staff's opinion, the requested Minor Variances are minor in nature as the proposed detached accessory building is not anticipated to have an adverse impact on the character and appearance of the neighbourhood. As the proposed variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and are not anticipated to have an adverse effect on the character of the surrounding area, the variances are considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2016, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Staff are of the opinion that the proposed development will not negatively impact the Township's natural features and attributes and is consistent with the Strategic Plan. Consultations: Development Services July 15, 2021 Report No. DS2021-097 Page 5 of 10 Page 110 of 462 6.c) 6.30 p.m. DS2021-097, Catherine McLean, Intermediate Planner re: Mi... Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Infrastructure and Capital Projects — No objection. • Township Development Engineering — No objection. An Engineered Lot Grading Plan (ELG) shall be required at the time of Building Permit Application. Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Elevation Drawings Conclusion: Planning Staff recommends that Minor Variance Application 2021-A-39 be approved, specifically to permit construction of a detached accessory building in the front yard, approximately 13.3 metres (43.75 feet) from the front lot line, and with a reduced interior side yard setback of 0.76 metres (2.5 feet) on the basis that the application meets the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies. Respectfully submitted: Catherine McLean, RPP, Intermediate Planner Approvals: Date: Derek Witlib, Manager Planning Services July 9, 2021 Andria Leigh, Director Development Services July 9, 2021 Development Services July 15, 2021 Report No. DS2021-097 Page 6 of 10 Page 111 of 462 6.c) 6.30 p.m. DS2021-097, Catherine McLean, Intermediate Planner re, Mi... Schedule 1: Location Map �onstan Rd. Hp�eeY�rP aP TRd. O d•I C -C � 'C 47 45 41 43 37 56 33 39 54 31 35 52 29 27 48 50 25 46 60 42 4 23 4 21 38 19 /,� 36 pip 34 17 a 15 R 32 m 30 14 13 _t 12 11 0- 28 26 10 9 10 4 24 12 8 6 39 41 43 45 47 51 )16 6 22 2 49 53 A• 4 11 55 �0 2 20 e 18 2 g p►n Pofnt 2a 1 26 1 30 32 7 7 5 3 33 24 36 5 14 4 31 N 22 34 38 13 12 1 6 29 � 20 i¢ 6 27 N�. 18 10 3 10 25 16 14 12 10 23 PsR 8 5 21 19 C• 4 6 7 12 2 9 17 15 13 11 9 7 aacoE 22 Horseshoe Valley Rd.W. 2 1 1101 Schedule 1 Location fownshi�of ®Subject Lands 0;41:(� Proud Heritage,Exciting Future 0 200 m File Number:2021-A-39 Development Services July 15, 2021 Report No. DS2021-097 Page 7 of 10 Page 112 of 462 6.c) 6.30 p.m. DS2021-097, Catherine McLean, Intermediate Planner re, Mi... Schedule 2: Aerial Photo t, Y. M°nne[ane Rd. H°�eeh�•Yalley.Rd. - IQ� �J c _ V. y a Schedule 2 Aerial Photo ,ow, hiof— Subject Lands Proud Heritage,Exciting Future 0 30 m File Number:2021-A-39 N I I I 1 Development Services July 15, 2021 Report No. DS2021-097 Page 8 of 10 Page 113 of 462 6.c) 6.30 p.m. DS2021-097, Catherine McLean, Intermediate Planner re: Mi... Schedule 3: Applicants' Site Plan •,existing ! house#40 existing driveway l 1 proposed � f garage ! r r Schedule 3 Applicant's Site Plan 0 T� .\ 4cr 'ote, File Number 2021-A-39 Proud Hrriin,qr,Exritiu,4 Fruarrn Development Services July 15, 2021 Report No. DS2021-097 Page 9 of 10 Page 114 of 462 6.c) 6.30 p.m. DS2021-097, Catherine McLean, Intermediate Planner re: Mi... Schedule 4: Elevation Drawings I I �mm�� O z0 i= a a W ILL W W H H ) W I J � Y - Zr 9 tl ,Z/1 9 L -- 7 7 I - I W - W W - J W W R. s s Schedule 4 Applicant's Elevation Drawings File Number 2021-A-39 Proud Hrriin,qr,Exritiu,4 Fruarrn Development Services July 15, 2021 Report No. DS2021-097 Page 10 of 10 Page 115 of 462 6.c) 6.30 p.m. DS2021-097, Catherine McLean, Intermediate Planner re: Mi... From: Saunders, David <dsaunders@oro-medonte.ca> Sent: June 22, 2021 3:35 PM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing Development Services Committee Meeting July 15th, 2021 (2021- A-39) Foell Development Engineering has No Objection to the above noted Application. Please Note: An Engineered Lot Grading Plan (ELG) shall be required at the time of Building Permit Application. Regards Page 116 of 462 6.c) 6.30 p.m. DS2021-097, Catherine McLean, Intermediate Planner re: Mi... From: Metras,Justin <jmetras@oro-medonte.ca> Sent: June 22, 2021 3:35 PM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing Development Services Committee Meeting July 15th, 2021 (2021- A-39) Foell Operations has no objections to this application. Page 117 of 462 6.c) 6.3C n m n_q?021-097, nthimrinin Ari ann Intarmindiate Planner re- Mi... N d k � w L v, 2� o T N w a m a o s C_ N N 5'Prita9® O '1 a6p�b Ould cu (D CL� O LL C J N a�aa(dgW U co Cu Q cu N � O 'C/) p N �c > _ 4_0 co0 a) (6 C4 70 . . . . a) (0 N . . — O O a }' ++ r. Q ._ t� E U •� i Nw O U Page 118 of 462 6.c) 6.30 p.m. DS2021-09Catherine an, Intermediate Planner re: Mi... 4— AAA w 0) Ln CIO w a) o x i T E 0 co O M U) C/) U) C cu U O E a) o C/) � a cv c 4 c1 --+ c cu 00 — cu 4- 0Ln Q (D (u � � 04 �_ O —0 _ 2 � . CL L N LL }� •� y� O N N N ^, T 14-5 cm. 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Township of Report 0 Fraud Heritdge, Exciting Future Report No. To: Prepared By: DS2021-109 Development Services Andy Karaiskakis, Senior Committee Planner Meeting Date: Subject: Motion # July 15, 2021 Minor Variance Application 2021-A-40 Roll #: Susan Farber R.M.S. File #: 4346-010-008-09403 45 Windfields Drive West D13 59628 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2021-109 be received and adopted. 2. That Minor Variance Application 2021-A-40 by Susan Farber, specifically for permission to construct an addition to the existing garage which is to be considered attached to the existing dwelling via a roof structure and is proposed to contain an accessory dwelling unit on the lands municipally known as 45 Windfields Drive West, Township of Oro-Medonte, be approved, subject to the conditions as outlined in Report DS2021-109. 3. The conditions are as follows: a) That notwithstanding Table B1 Standards for Permitted Uses in RUR1 Zone, Section 5.4(c) Apartment Dwelling Units and the definitions of "Attached" and "Garage, Attached", the proposed addition and apartment dwelling unit shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed addition and apartment dwelling unit be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the appropriate Zoning Certificate and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services July 15, 2021 Report No. DS2021-109 Page 1 of 13 Page 129 of 462 6.d) 6.40 p.m. DS2021-109, Andy Karaiskakis, Senior Planner re: Minor Va... Background: The subject property has an area of approximately 0.59 hectares (1 .47 acres) and currently supports an existing single detached dwelling, detached garage attached to the dwelling by a common roofline and a boathouse. The applicants are proposing to construct an addition to the existing garage which is to be considered attached to the existing dwelling by a common roofline and is proposed to contain an accessory dwelling unit. The applicant is seeking relief to the following sections of Zoning By-law 97-95: Table B1 - Standards for Permitted Uses in RUR1, Interior lot line setback Required: Proposed: 8.0 metres (26.2 feet) Existing Dwelling — 4.84 metres (15.9 feet) Existing Garage to be considered attached — 6.70 metres (21 .98 feet) Proposed Addition - 6.72 metres (22.0 feet) Section 6.0 — Definitions Attached [By-law 2015-112 / Garage, Attached [By-law 2015-192 Required: Proposed: 40% common wall Existing garage to be considered attached via roof structure and a common wall Section 5.4 c —Apartment Dwelling Units Accessory Required: Proposed: 70.0 square metres 753.5 square feet 91.82 square metres 988.4 square feet The applicant's site plan and elevation drawings are included as Schedules 3 and 4 to this report. Analysis: Provincial Policies Provincial Policy Statement, 2020 The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1 .4 — Rural Areas, Section 2.1 — Natural Heritage, Section 2.2 — Water and Section 3.1 — Natural Hazards are applicable to this application. This application represents limited, resource-based (shoreline) residential development that is consistent with the PPS with respect to Rural Areas. The application is also consistent with the Natural Heritage, Water and Natural Hazards policies of the PPS, as the proposed development is not anticipated to impact any natural features or functions. Development Services July 15, 2021 Report No. DS2021-109 Page 2 of 13 Page 130 of 462 6.d) 6.40 p.m. DS2021-109, Andy Karaiskakis, Senior Planner re: Minor Va... A Place to Grow, Growth Plan for the Greater Golden Horseshoe 2020 A Place to Grow provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the proposed dwelling additions are consistent with the Rural Areas policies in the Growth Plan as the lands subject to this application are already within an established shoreline residential area. The proposed development is located within 120 metres of an inland lake (Lake Simcoe). Section 4.2.4.5 of the Growth Plan permits development outside of settlement areas, in developed shoreline areas of inland lakes that are designated or zoned, as of July 1 , 2017, for concentrations of shoreline residential development subject to certain conditions. Planning Staff is of the opinion that the proposed development conforms to the Growth Plan as the lands subject to this application are already within an established shoreline residential area. Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP) which came into effect in 2009. Planning Staff have reviewed the applicable policies of the LSPP and are of the opinion that the application is consistent with the natural heritage and hazard policies of the LSPP. Specifically, Section 6.45 DP states: "the construction of a building on an existing lot of record is permitted, provided it was zoned for such as of the date the Plan came into effect." The subject property is partially within the regulated area however the proposed works are located outside of the regulated portion and will therefore not require a permit. Comments have been received from the Lake Simcoe Conservation Authority (LSRCA) which state that the LSRCA is satisfied from a watershed management perspective that the application is consistent with the natural heritage and hazard policies of the PPS and in conformity with the LSPP. County Official Plan The property is designated Rural in the County of Simcoe's Official Plan. The Rural designation permits limited residential development. In Planning Staff's opinion, the applicant's minor variance application conforms to the County's Official Plan as the construction of the addition and the apartment unit to the existing single detached dwelling is permitted on the subject lands. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that is in effect on the date of the decision. Development Services July 15, 2021 Report No. DS2021-109 Page 3 of 13 Page 131 of 462 6.d) 6.40 p.m. DS2021-109, Andy Karaiskakis, Senior Planner re. Minor Va... Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? The subject lands are designated Shoreline in the Township's Official Plan. Pursuant to the policies of the Plan, permitted uses within the Shoreline designation include a single detached dwelling and by extension, detached accessory buildings. The proposed variances conforms to the general intent and purpose of the Official Plan as the applicant is proposing to build an addition to the existing garage with an accessory apartment. Permanent and seasonal residential uses are permitted uses in the Shoreline Designation and, in Planning Staff's opinion, the proposed development would not detract from the low-density, estate style residential character of the area. Do the variances conform to the general intent and purpose of the Zoning By-law? The subject property is zoned Rural Residential One Exception 84 (RUR1*84) in the Township's Zoning By-law 97-95, as amended. A single detached dwelling and detached accessory buildings are permitted in the RUR1 Zone. Furthermore, an apartment dwelling unit is permitted in the Residential One Zone pursuant to Section 5.4. The applicants are proposing to build an addition to the front of the existing detached garage and are requesting relief to consider the detached garage to be attached with the dwelling by the existing roofline. The dwelling was built in 2001 according to property assessment records and the existing dwelling is situated at least 4.8 metres (15.9 feet) from the interior side lot lines, whereas the Zoning By-law requires a minimum of 8.0 metres (26.2 feet). The applicants are proposing that the garage addition comes no closer to the side lot line than the existing garage, being 6.7 metres (21 .9 feet). The general intent of the Zoning By-law in requiring a minimum interior side yard setback is to provide adequate space for access, maintenance and drainage around a dwelling, as well to provide separation between dwellings on neighbouring properties for purposes of privacy and maintaining a low-density, aesthetically pleasing residential environment. In Planning Staff's opinion, the proposed addition will not negatively impact the neighbouring property as the addition will maintain the existing 6.7 metres setback that currently exist for the garage. Furthermore, the garage is more than 60.0 metres (196.8 feet) setback from the Windfields Drive which provides adequate space for the management of driveway drainage and winter snow storage without negatively impacting the neighbouring property. As the subject lands are within a plan of subdivision, the proposed development would be subject to the Township's Engineered Lot Grading (ELG) requirements through the Building Permit process. An ELG is a Development Services July 15, 2021 Report No. DS2021-109 Page 4 of 13 Page 132 of 462 6.d) 6.40 p.m. DS2021-109, Andy Karaiskakis, Senior Planner re. Minor Va... detailed engineered plan requiring approval from the Township that would, among other things, address grading details and downspout locations to ensure that the proposed construction does not direct new or additional drainage or rain/snow shed onto neighbouring properties. The general intent of the Zoning By-law in requiring an attached garage/structures to share 40.0% of the common wall with the dwelling is to ensure that structures that are intended to function as a single unit are connected in a substantial manner by being connected visually and structurally. This avoids any situation of potentially having two otherwise separate structures connected in a minimal and potentially architecturally unattractive manner. However, it did not intend to preclude unique designs, such as the plan subject to this application, where the proposed attachment is architecturally substantial. Based on the drawings submitted by the applicant, the attached garage, in its appearance and function is considered to be part of the single detached dwelling. The intent of the 70.0 square metres (753.5 square feet) maximum floor area for an accessory apartment is to ensure that the apartment is secondary to the main dwelling unit and to protect buildings and structures from being constructed too large that would affect the character of the surrounding neighbourhood. The main dwelling is noted to have a total floor area of 431 .0 square metres (4,640.0 square feet); the proposed apartment if approved will be 91 .82 square metres (988.4 square feet) which would still be considered accessory to the main dwelling on the property. The proposed increase in apartment floor area would conform to the general intent of the Township's Zoning By-law, as the apartment will remain smaller and subordinate to the main dwelling unit. For the reasons outlined above, Planning Staff is of the opinion that the requested variances are considered to meet the general intent and purpose of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Planning Staff does not expect the proposed structure with a reduced common wall to stand-out, look out of place or detract from the character of this established neighbourhood as the subject lands and surrounding lots are mostly treed. The size and location of the building will not interfere with functional matters such as parking and the septic system. Based on the above, Planning Staff are satisfied that the proposed development would be considered desirable for the appropriate development of the lot. Are the variances minor? The question of the minor nature of the variances relates to its scale and impact. In Planning Staff's opinion, the requested Minor Variance to allow for a reduced common wall is minor in nature as it is not anticipated to have an adverse impact on the neighbouring properties as the lot is heavily vegetated on all sides. Development Services July 15, 2021 Report No. DS2021-109 Page 5 of 13 Page 133 of 462 6.d) 6.40 p.m. DS2021-109, Andy Karaiskakis, Senior Planner re. Minor Va... As the proposed variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the variances are considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Lake Simcoe Protection Plan • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2016, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Staff are of the opinion that the proposed development will not negatively impact the Township's natural features and attributes, and is consistent with the Strategic Plan. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Lake Simcoe Region Conservation Authority - LSRCA is satisfied from a watershed management perspective that the application is consistent with the natural heritage and hazard policies of the PPS, and in conformity with the LSPP. The works will not require a permit from LSRCA. • Township Operations — No comments. Development Services July 15, 2021 Report No. DS2021-109 Page 6 of 13 Page 134 of 462 6.d) 6.40 p.m. DS2021-109, Andy Karaiskakis, Senior Planner re: Minor Va... • Township Development Engineering — No objection. An Engineered Lot Grading Plan shall be required at the time of Building Permit Application. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule I Site Photos Schedule 4: Site Plan Schedule 5: Building Drawings Conclusion: Planning Staff recommends that Minor Variance Application 2021-A-40 be approved, specifically to construct an addition to the existing garage which is to be considered attached to the existing dwelling via an existing roof structure and is proposed to contain an accessory dwelling unit, on the basis that the application meets the four tests of the Planning Act, is consistent with the PPS and conforms to the Growth Plan. Respectfully submitted: Andy Karaiskakis, RPP Senior Planner Approvals: Date: Derek Witlib, Manager Planning Services July 9, 2021 Andria Leigh, Director Development Services July 9, 2021 Development Services July 15, 2021 Report No. DS2021-109 Page 7 of 13 Page 135 of 462 6.d) 6.40 p.m. DS2021-109, Andy Karaiskakis, Senior Planner re- Minor Va... l gl Rd T Mona P.-Rd. Hose e'.I eydtl `O 11 M•B.—-Rd. �Ridg'� Road to CI 1206 50 48 46 42 24 72 62 26 52 44 1244 l►�dfr`el ds Dr 32 24 Bra lb 71 SSbeIRa gyp` 8 49 47 -45- 43 41 47 �T) 39 35 37 25 1281 31 29 27 9 63 61 Kem penfelt Bay Schedule 1 �� Location To ---�'" wnship of ® Subject Lands Proud Heritage,Exciting Future 0 200 m File Number:2021-A-40 Development Services July 15, 2021 Report No. DS2021-109 Page 8 of 13 Page 136 of 462 6.d) 6.40 p.m. DS2021-109, Andy Karaiskakis, Senior Planner re- Minor Va... Vasey;R& nston�Rd. raaa>si•a��ya'. a•a _ _ __ Windfe 1tls Dr. W: RFM r i• i � n 1 � i • 4� Schedule 2 Aerial Photo Tn� shp o Subject Lands m ` Proud Heritage,Exciting Future 0 50 rn File Number:2021-A-40 + Development Services July 15, 2021 Report No. DS2021-109 Page 9 of 13 Page 137 of 462 6.d) 6.40 p.m. DS2021-109, Andy Karaiskakis, Senior Planner re. Minor Va... Schedule 3: Site Photos H„. 4 sF Front of Dwelling and Detached Garage Driveway Entering into Subject Property '-aft Detached Garage and Proposed Addition Location Detached Garage and Roof Structure Development Services July 15, 2021 Report No. DS2021-109 Page 10 of 13 Page 138 of 462 6.d) 6.40 p.m. DS2021-109, Andy Karaiskakis, Senior Planner re. Minor Va... Schedule 4: Site Plan LAKE SIMCOE a. I x•,'°x LI ` Fw xl 1 I II I cnsxxoe aw I I i I Ian I I $ �LOT AREA=+1-5950.E mT I I � I � ! f I r f I 1 I I � ff I AS " CP&5)R=132.263 nux 1=22296](P&M) C=22 272 N64-1254-E(M) cv..wer�sWc� 74,2 N64"1915-E(P)_ keg -�- ` W�UFIEID DRME WEST Development Services Services July 15, 2021 Report No. DS2021-109 Page 11 of 13 Page 139 of 462 6.d) 6.40 p.m. DS2021-109, Andy Karaiskakis, Senior Planner re. Minor Va... Schedule 5: Building Drawings ------ F -----� --- - --- ----------_ ---- -------------------------------------------- ----- ------ � � ----- --------------------- ---------------.......-----------------------........-------- ------------ ------------L1-1--- -------------------- 5c: ---------- 0 0 � o � 0 ------------------------------------------------------------------------------------------- ---------------------------------------------------- ---{--- ---r--r-- --3......-------------------------......_ LJ-LJ Development Services July 15, 2021 Report No. DS2021-109 Page 12 of 13 Page 140 of 462 6.d) 6.40 p.m. DS2021-109, Andy Karaiskakis, Senior Planner re- Minor Va... Q .r 1 r l EXIST DETACHED i i i I DWELLINGGROUND FLOORAREA 11 387.65 FW J, r. ' I ' I ' , I ' I ' I ' I ' I ' I ' I ' I ' I I I I I I I -----, I FAST_ GARAGE _____, I I I I I I I PROP ACCESSORY APARTMENT UNIT AREA 91.82 m' Development Services July 15, 2021 Report No. DS2021-109 Page 13 of 13 Page 141 of 462 6.d) 6.40 p.m. DS2021-109, Andy Karaiskakis, Senior Planner re. Minor Va... From: Saunders,David To: Ceretti.Kendra; Planning Subject: RE: Notice of Public Hearing Development Services Committee Meeting July 15th,2021(2021-A-40)Farber Date: June 22, 2021 1:11:03 PM Kendra Development Engineering has No Objection to the above noted Application. An Engineered Lot Grading Plan (ELG) shall be required at the time of Building Permit Application. Stay Healthy Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 142 of 462 6.d) 6.40 p.m. DS2021-109, Andy Karaiskakis, Senior Planner re. Minor Va... From: Metras,Justin <jmetras@oro-medonte.ca> Sent: June 22, 2021 1:40 PM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing Development Services Committee Meeting July 15th, 2021 (2021- A-40) Farber Operations has no comments on this application Page 143 of 462 6.d) 6.40 p.m. DS2021-109, Andyy Karaiskakis, Senior Planner re: Minor Va... Jufy 15, 2021 Development Services Committee Lake Silmcoe Region 6d) Additional correspondence received conservation authority www.LSRCA.on.ea Sent by E-mail:akaraiskakis@oro-medonte.ca June 29, 2021 File No: 2021-A-40 IMS File No.: VA-129314-061821 Andy Karaiskakis Secretary-Treasurer Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON LOL 2EO Dear Mr. Karaiskakis: Re: Minor Variance Application 45 Windfields Drive West Township of Oro-Medonte LSRCA staff have reviewed the above-noted Application for Minor Variance to facilitate the construction of an addition to the existing detached garage which is to be considered attached to the existing dwelling and is proposed to contain an accessory dwelling unit. The Application is seeking relief from the interior lot line setback as well as the requirement for a common wall for attached garages and accessory dwelling unit size. Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: • Applicant's Site Plan Staff has reviewed this application as per our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement(PPS, 2020) and as a regulatory authority under Ontario Regulation 179/06. The application has also been reviewed through our role as a public body under the Planning Act as per our CA Board approved policies. Site Characteristics Existing mapping indicates that the subject property is partially regulated due to the associated shoreline flood and erosion hazards. • The subject property is currently designated Shoreline in the Township of Oro-Medonte's Official Plan. • The subject property is currently zoned Rural Residential One Exception 84 Zone (RUR*84) 120 Bayview Parkway T 905.895.1281 Newmarket, Ontario L3Y 3W3 F 905.853.5881 Member of Conservation Ontario Page 144 o-f1462.800.465.0437 6.d) 6.40 p.m. DS2021-109, Andy Karaiskakis, Senior Planrop$v?cmil"ro /a... conservation authority Page 2of3 Fa8hfli Lake S+mme Region r..nsr�.otu: a-,tr,n••, ® LSRCA Walershed Bvw,dary LSPP Wai..h d Boundary — Regulation Bwndary IND-eELD6.Ie. .� L'IAg A %gttahon Ares. 4 WNDS LOS OR Aaaeaxnert Par ce+ WINDF{FLQ. OR Lot and Cawesaan Read Lately Walercwrx +awlX_FELrhriRa IIpFiELODA Roads r,x..r. I-o.-er w.s RalhYay LoWW Tier MAwxnpal4y 1*1101If Ela DR* } IIIQF-EL DR W I RE A f 31 IKIFIE LD.-DR 11M �WAnsx. scaAWy• 1 ems. �. arze7a?e war llti^r�x'.rrw l - Yllw M�aw'M W u r Ea A 1!rl. ':: •�rrr..��w..r ,.,rang�.a..•ar,.w..� Sc*o 1 e E73 87 O A4 U1 Delegated Responsibility and Statutory Comments: 1. LSRCA has reviewed the application through our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS). The garage addition is located outside of the regulated area and away from the direct vicinity of the shoreline hazards. The proposal is therefore consistent with the natural hazard policies of the PPS and in conformity with the Lake Simcoe Protection Plan (LSPP). 2. LSRCA has reviewed the application as per our responsibilities as a regulatory authority under Ontario Regulation 179/06. This regulation, made under Section 28 of the Conservation Authorities Act, enables conservation authorities to regulate development in or adjacent to river or stream valleys,Great Lakes and inland lake shorelines, watercourses, hazardous lands and wetlands. Development taking place on these lands may require permission from the conservation authority to confirm that the control of flooding, erosion, dynamic beaches, pollution or the conservation of land are not affected. LSRCA also regulates the alteration to or Page 145 of 462 6.d) 6.40 p.m. DS2021-109, Andy Karaiskakis, Senior Planropswcmilftro /a... conservation authority Page 3 of 3 interference in any way with a watercourse or wetland. The site is partially within a regulated area however the proposed works appear to be outside of the regulated portion and will therefore not require a permit. Summary LSRCA is satisfied from a watershed management perspective that the application is consistent with the natural heritage and hazard policies of the PPS,and in conformity with the LSPP.The works will not require a permit from LS RCA. Please advise our office of any decision made with regard to this matter. Sincerely, Shawn Filson Planner 1 Page 146 of 462 6.d) 6.40 p.m. DS2021-109, Andy Karaiskakis, Senior Planner re- Minor Va... w k r o m I S ti oui, O }j 49 CU �\ e CL Q H N U O 4-0 � cn a) • Q a) 00 cU > N o � L- o o � O N .� — C — 0 e0 ca G l. .F 4-0 T p C: a) a) QL O � U � to LO � X U) 10� W C ca t� C �- O }' C N O U Page 147 of 462 6.d) 6.40 p.m. DS2021-109, Andy Karaiskakis, Senior Planner re: Minor Va... 0) O -0 (D N U) co U) co +-0 4-0 O .(n c a) .0 O — +-� a) CL o O N _0 +(U� (n N � On, NN 74-0 i W U) O U L N n� _0 "O co E 00 4-0p 00 I /'1 I 00 cu 4-0L � E ' VJ ^, 2 O -N Co O W Y (o Q (o ?� co U a00 O 0Ucc U U Al — O O O E O N 0-00 cn O .X .x l� ° O .x O ° .0 -0 —1 � aw U drn 0) � o •� i m L r cu r •(n OU 0 N cn > N (n •� �_ O N QL o n O U) U N a) CU U Q 4 co cn (n O C (U (n -0 a U O O coco LD LO Co -2 N ° � +_ N co O O L cli � N � Q �i O co 0 — c 1. 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Township of Report 0 Fraud Heritgge, Exciting Future Report No. To: Prepared By: DS2021-110 Development Services Michael Barton, Planning Committee Consultant Meeting Date: Subject: Motion # July 15, 2021 Minor Variance Application 2021-A-41 Roll #: Julie and Peter Newburn R.M.S. File #: 4346-010-007-03700 1086 Line 2 South D13 59629 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2021-110 be received and adopted. 2. That Minor Variance Application 2021-A-41 by Julie and Peter Newburn, specifically for permission to build a detached accessory building with maximum floor area of 83 square metres (893.4 square feet), be approved subject to the conditions as outlined in Report DS2021-110. 3. The conditions are as follows: a) That notwithstanding Section 5.1.3 (a) and Section 5.1 .6, the proposed detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed detached accessory building be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the proposed detached accessory building shall not be used for human habitation, commercial purposes or for a home industry; and, d) That the appropriate Zoning Certificate, Engineered Lot Grading Plan and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: 1 . Site Location and Context The subject property is located at 1086 Line 2 South in Shanty Bay, as illustrated on Schedule 1. An aerial view of the property and its limits is provided in Schedule 2. The Development Services July 15, 2021 Report No. DS2021-110 Page 1 of 21 Page 157 of 462 6.e) 6.50 p.m. DS2021-110, Michael Barton, Township Planning Consultant ... subject property has an area of approximately 3,872 m2 and is currently occupied by a 2-storey single detached dwelling with a driveway and parking area on the north side of the dwelling. The property also contains a detached structure (2-door garage/storage building) that is located along the south of the property and accessed via a driveway on Raikes Street. This building is illustrated on the site plan submitted with the application. The Applicant has not identified the current use of this detached structure but has indicated that the structure and the lot it is situated on were historically purchased from the Township and merged with the subject property. Schedule 3 includes site photographs illustrating the existing site conditions and uses. 2. Existing Official Plan and Zoning By-Law Designations The following land use planning designations apply to the subject property: • Simcoe County Official Plan: Settlements • Township of Oro-Medonte Official Plan: Rural Settlement Area • Zoning By-Law: Residential One (R1) 3. Proposal and Requested Minor Variances The proposed site plan and building drawings are included in Schedule 4. The applicant is proposing construction of an 83 m2 detached garage at the end of the existing driveway on the north side of the single detached dwelling. The detached garage will have a ground floor area of 66.43 m2 and an additional 16.57 m2 of storage space on the second floor (attic). The following minor variance to Zoning By-Law 97-95 has been requested by the Applicant: • To permit a Maximum Floor Area of a Detached Accessory Building or Structure of 83 m2 whereas 70 m2 is permitted. 4. Zoning Review Table 1 includes a review of the applicable zoning standards. The intent of the proposal is to facilitate the construction of an "accessory building or structure" that accommodates "accessory uses" per the definitions outlined in Section 6.0 of the Zoning By-Law. In order to construct the proposed detached accessory structure, the Applicant has requested one minor variance to regulation 5.1.6 as it relates to the maximum floor area of a detached accessory building. The zoning review provided in this section has been prepared to illustrate the additional regulations that the proposal Development Services July 15, 2021 Report No. DS2021-110 Page 2 of 21 Page 158 of 462 6.e) 6.50 p.m. DS2021-110, Michael Barton, Township Planning Consultant ... must comply with and to identify the need for other variances to support the current proposal. This zoning review has confirmed that only the requested variance is required based on the proposal submitted by the Applicant. Table 1 - Zoning Review Matrix Zoning Regulation Required Proposed 5.1 Accessory Buildings,Structures and Where this By-law provides that land The proposed detached structure will Uses[By-law 2017-0121 may be used or a building or structure be accessory to the existing single may be erected or used for a purpose, detached dwelling on the subject that purpose may include any property on the basis that there will be detached accessory buildings, no human habitation in the structure accessory structures or accessory uses and the structure will not operate as a located on the same lot as the primary commercial or industrial building that use to which they are related.For the is not permitted in this zone. purposes of this by-law a retaining wall with a height of 1.0 metre(3.2 feet)or more is considered an accessory structure and is subject to the provisions of Section 5.1. 5.1.1 Uses Permitted in Detached No detached accessory building or The proposed detached accessory Accessory Buildings and Structures accessory structure shall be used for structure will be used as a garage on human habitation or an occupation for the ground floor with storage on the gain,unless specifically permitted by second level(attic).No sanitary or this By-law.A detached accessory kitchen facilities are proposed. building or structure is permitted to contain sanitary facilities,including sink and/or toilet,outside an area susceptible to flooding however kitchen facilities including food preparation facilities or facilities for the installation of kitchen equipment are prohibited. 5.1.3 Permitted locations for detached Unless otherwise specified in this By- The proposed detached accessory accessory buildings and structures in law,detached accessory buildings and building will be located in the rear yard all zones structures,except boathouses,shall: at the end of the existing driveway. a)Not be located in the front yard. Based on the site plan submitted with Notwithstanding this provision,a the application,the proposed detached private garage is permitted in detached accessory building will satisfy the front yard of a lot that abuts Lake the requirements under Section 5.1.3 Simcoe or Bass Lake provided it is set b),c),d),e)and f). back a minimum distance equal to the required front yard for the main building from the front lot line. b)Be set back a minimum distance of 2.0 metres(6.5 feet)from the rear lot line. c)Be set back a minimum distance equal to the required exterior side yard for the main building from the exterior side lot line. Development Services July 15, 2021 Report No. DS2021-110 Page 3 of 21 Page 159 of 462 6.e) 6.50 p.m. DS2021-110, Michael Barton, Township Planning Consultant ... d)Be set back a minimum distance of 2.0 metres(6.5 feet)from the interior side lot line. Notwithstanding this provision,a detached accessory building may share a common wall with another detached accessory building on an abutting lot and no setback from the interior side lot line is required on that side of the lot. e)Be set back a minimum distance of 1.0 metre(3.2 feet)from the main building on the lot and be set back a minimum distance of 1.0 metres(3.2 feet)from any detached accessory building on the lot. f)Be set back a minimum distance of 20.0 metres(65.6 feet)from the average high water mark of Lake Simcoe or 15.0 metres(49.2 feet)from the average high water mark of Bass Lake. 5.1.4 Maximum height The maximum height of any detached 4.4 m(calculated by Applicant based accessory building or structure,except on the mean level between eaves and boathouses,is 4.5 metres(14.7 feet). ridge of a gabled,hip or gambrel roof or other type of pitched roof per definition of"Height'in Section 6.0) 5.1.5 Maximum lot coverage The maximum lot coverage of all 1.7% detached accessory buildings and structures on a lot,excluding boathouses,is 5 percent. 5.1.6 Maximum floor area[By-law The maximum floor area of any one 83 mz(variance required) 2003-081,2017-0121 detached accessory building or structure,excluding boathouses, is 70 square metres(753.5 square feet). However,on lots in the Agricultural/Rural(A/RU)Zone,the maximum floor area of any one detached accessory building or structure is 100 square metres(1076.4 square feet) 5.8 Dwelling Units Unless otherwise specified by this By- The proposal does not include a law,no more than one dwelling unit is second dwelling unit on the subject permitted on a lot. property.The use of any portion of the proposed detached accessory building for habitation would not comply with the zoning regulations. 5.24 Prohibited Uses[By-law 2015- The following uses are prohibited in The proposed detached accessory 1921 any Zone: building is not proposed for human habitation and no minor variances c)The use of any accessory building or have been applied for that relate to structure or boathouse for human using the building for this purpose. habitation. Development Services July 15, 2021 Report No. DS2021-110 Page 4 of 21 Page 160 of 462 6.e) 6.50 p.m. DS2021-110, Michael Barton, Township Planning Consultant ... "Accessory Building or Structure" Means a detached building or The minor variance application is (Section 6.0) structure,the use of which is naturally based on the proposed detached and normally incidental to,subordinate accessory building satisfying this to,or exclusively devoted to,the definition.Use of the building for principal use or main building on the human habitation of same lot. commercial/industrial purposes is not permitted. "Accessory Use"(Section 6.0) Means a use,customarily and normally The uses proposed for the proposed subordinate to,incidental to and structure are intended to be exclusively devoted to the principal use subordinate to the single detached and located on the same lot. dwelling on the subject property. Analysis: 1. Provincial Policy Statement, 2020 Part II of the Provincial Policy Statement, 2020 ("PPS 2020") identifies the requirement under Section 3 of the Planning Act that the exercise of any authority that affects a planning matter, "shall be consistent with" policy statements issued under the Act. Comments, submissions or advice that affect a planning matter that are provided by the council of a municipality, a local board, a planning board, a minister or ministry, board, commission or agency of the government "shall be consistent with" this Provincial Policy Statement. As outlined in the policy matrix in Table 1, the development proposal and requested minor variance are consistent with PPS 2020 on the basis that more efficient use will be made of the subject property and existing single detached dwelling through construction of a detached garage that is accessory to the dwelling, will utilize existing services and infrastructure, and will have no adverse impact on natural heritage features and surrounding land uses in the community. The subject property is also located within an existing settlement area that is appropriate for intensified land use that is compatible with existing uses on and adjacent to the property. Table 1 - PPS 2020 Policy Analysis Matrix Policy Section Policy Analysis The Vision for Ontario's Land Use Planning System(Part IV • The proposed detached garage will allow for more of PPS 2020) efficient and functional use of the subject property and existing dwelling than under current • Land use must be carefully managed to conditions; accommodate appropriate development to meet • There are no identified natural heritage features the full range of current and future needs,while on or adjacent to the subject property that will be achieving efficient development patterns and adversely impacted by the proposal; avoiding significant or sensitive resources and • The proposed detached garage will satisfy all areas which may pose a risk to public health and required setbacks,including the interior side yard safety. and distance to the existing dwelling on the • Efficient development patterns optimize the use of subject property; land,resources,public investment in infrastructure and public service facilities. Development Services July 15, 2021 Report No. DS2021-110 Page 5 of 21 Page 161 of 462 6.e) 6.50 p.m. DS2021-110, Michael Barton, Township Planning Consultant ... • Strong,liveable and healthy communities promote • The height of the proposed detached garage will and enhance human health and social well-being, be less than the maximum permitted under the are economically and environmentally sound,and Zoning By-Law. are resilient to climate change. • Strong communities,a clean and healthy environment and a strong economy are inextricably linked.Long-term prosperity,human and environmental health and social well-being should take precedence over short-term considerations. Part V:Policies The proposal and requested minor variances are consistent with these policies on the following basis: 1.0 Building Strong Healthy Communities • The subject property will be used more efficiently 1.1 Managing and Directing Land Use to Achieve Efficient than under existing conditions; and Resilient Development and Land Use Patterns • The proposed structure will be accessory to the existing single detached dwelling on the subject 1.1.1 Healthy,liveable and safe communities are sustained property; by: • There will be no adverse impacts to natural heritage features or public health and safety; a)promoting efficient development and land use • There will be no adverse impacts to the use and patterns which sustain the financial well-being of the development of adjacent lands or other properties Province and municipalities over the long term; in the community. b)accommodating an appropriate affordable and market-based range and mix of residential types (including single-detached,additional residential units, multi-unit housing,affordable housing and housing for older persons),employment(including industrial and commercial),institutional(including places of worship, cemeteries and long-term care homes),recreation,park and open space,and other uses to meet long-term needs; c)avoiding development and land use patterns which may cause environmental or public health and safety concerns; d)avoiding development and land use patterns that would prevent the efficient expansion of settlement areas in those areas which are adjacent or close to settlement areas; 1.1.3 Settlement Areas • The subject property is located in a settlement area that has been established for low density Settlement areas are urban areas and rural settlement areas, residential uses.The development proposal and include cities,towns,villages and hamlets.Ontario's represents more efficient use of the subject settlement areas vary significantly in terms of size,density, property through the addition of a detached population,economic activity,diversity and intensity of land garage that is accessory to the existing single uses,service levels,and types of infrastructure available.The detached dwelling. vitality and regeneration of settlement areas is critical to the • There will be no adverse impacts to existing long-term economic prosperity of our communities. natural resources,green spaces or other uses on Development pressures and land use change will vary across or around the subject property. Ontario.It is in the interest of all communities to use land • The proposed accessory detached structure will and resources wisely,to promote efficient development utilize existing infrastructure and not require patterns,protect resources,promote green spaces,ensure extension or upgrade of municipal services. effective use of infrastructure and public service facilities • The required setbacks will be met or exceeded. and minimize unnecessary public expenditures. • The proposed detached building will be located in close proximity to the existing dwelling to provide Development Services July 15, 2021 Report No. DS2021-110 Page 6 of 21 Page 162 of 462 6.e) 6.50 p.m. DS2021-110, Michael Barton, Township Planning Consultant ... 1.1.3.1 Settlement areas shall be the focus of growth and convenient access between these structures.The development. detached garage is also located in a logical location 1.1.3.2 Land use patterns within settlement areas shall be at the end of the driveway,which consolidates the based on densities and a mix of land uses which: location of activities associated with the dwelling a)efficiently use land and resources; and detached accessory building. b)are appropriate for,and efficiently use,the infrastructure and public service facilities which are planned or available,and avoid the need for their unjustified and/or uneconomical expansion; c)minimize negative impacts to air quality and climate change,and promote energy efficiency; d)prepare for the impacts of a changing climate; e)support active transportation; f)are transit-supportive,where transit is planned,exists or may be developed;and g)are freight-supportive. Land use patterns within settlement areas shall also be based on a range of uses and opportunities for intensification and redevelopment in accordance with the criteria in policy 1.1.3.3,where this can be accommodated. 1.1.3.4 Appropriate development standards should be promoted which facilitate intensification,redevelopment and compact form,while avoiding or mitigating risks to public health and safety. 1.1.3.6 New development taking place in designated growth areas should occur adjacent to the existing built-up area and should have a compact form,mix of uses and densities that allow for the efficient use of land,infrastructure and public service facilities. 2.0 Wise Use and Management of Resources • There are no natural environmental features on or in close proximity to the subject property 2.1 Natural Heritage identified in the Simcoe County or Township of Oro-Medonte Official Plans. 2.1.1 Natural features and areas shall be protected for the . The subject property is not located in the Niagara long term. Escarpment or Oak Ridges Moraine Plan areas. 2.1.2 The diversity and connectivity of natural features in an . There are no significant wetlands or other natural area,and the long-term ecological function and biodiversity heritage features that will be impacted by the of natural heritage systems,should be maintained,restored proposed development,including the existing or,where possible,improved,recognizing linkages between trees located at the front of the subject property. and among natural heritage features and areas,surface water features and ground water features. 2.1.3 Natural heritage systems shall be identified in Ecoregions 6E&7E1,recognizing that natural heritage systems will vary in size and form in settlement areas,rural areas,and prime agricultural areas. 2.1.4 Development and site alteration shall not be permitted in: a)significant wetlands in Ecoregions 5E,6E and 7E1; and b)significant coastal wetlands. 2.1.5 Development and site alteration shall not be permitted in: Development Services July 15, 2021 Report No. DS2021-110 Page 7 of 21 Page 163 of 462 6.e) 6.50 p.m. DS2021-110, Michael Barton, Township Planning Consultant ... a)significant wetlands in the Canadian Shield north of Ecoregions 5E,6E and 7E1; b)significant woodlands in Ecoregions 6E and 7E (excluding islands in Lake Huron and the St.Marys River)1; c)significant valleylands in Ecoregions 6E and 7E (excluding islands in Lake Huron and the St.Marys River)1; d)significant wildlife habitat; e)significant areas of natural and scientific interest;and f)coastal wetlands in Ecoregions 5E,6E and 7E1 that are not subject to policy 2.1.4(b)unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions. 2.1.6 Development and site alteration shall not be permitted in fish habitat except in accordance with provincial and federal requirements. 2.1.7 Development and site alteration shall not be permitted in habitat of endangered species and threatened species, except in accordance with provincial and federal requirements. 2.1.8 Development and site alteration shall not be permitted on adjacent lands to the natural heritage features and areas identified in policies 2.1.4,2.1.5,and 2.1.6 unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions. 2. A Place to Grow - Growth Plan for the Greater Golden Horseshoe As set out in Section 1.2.2, A Place to Grow — Growth Plan for the Greater Golden Horseshoe applies to the area designated by Ontario Regulation 416/05 as the Greater Golden Horseshoe growth plan area. All decisions in respect of the exercise of any authority that affects a planning matter will conform with this Plan, subject to any legislative or regulatory provisions providing otherwise. All of the Township of Oro- Medonte and County of Simcoe are included in the "Simcoe Sub-Area" of this Plan. It is my opinion that the development proposal conforms to the applicable Growth Plan policies on the following basis: • The proposal represents reasonable intensification of an existing low density residential use located within an established settlement area; • The proposed detached garage supports an existing single detached dwelling and will allow for more efficient use of the subject property; • No extensions or upgrades are required to existing services or infrastructure to support the proposed detached structure, Development Services July 15, 2021 Report No. DS2021-110 Page 8 of 21 Page 164 of 462 6.e) 6.50 p.m. DS2021-110, Michael Barton, Township Planning Consultant ... • There will be no adverse impacts on agricultural lands, natural heritage, hydrologic and landform systems, features and functions; and • The prevailing Official Plan and Zoning By-Law designations permit detached structures as an accessory use to the existing dwelling. 3. Lake Simcoe Protection Plan (LSPP) The subject lands are located outside the Lake Simcoe Region Conservation Authority's regulated area and the Township is not required to circulate applications that are not within the regulated area to the LSRCA. However, the property is located within the Lake Simcoe Watershed and is therefore subject to the policies found within the Lake Simcoe Protection Plan (LSPP), which is a Provincial plan approved under the Lake Simcoe Protection Act, 2008. Planning Staff have reviewed the application in context to the LSPP and the following policies are applicable: "6.3-DP Within shoreline built-up areas, an application for development or site alteration within 120 metres of the Lake Simcoe shoreline shall be accompanied by a natural heritage evaluation that satisfies the requirements of policy 6.26..." In addition, Policy 6.10-DP states that within 120 metres of the Lake Simcoe Shoreline, development and site alteration should be integrated with and should not constrain ongoing or planned stewardship and remediation efforts. The proposed development is located within an existing shoreline residential area that meets the LSPP's definition of shoreline built-up areas and is located more than 120 metres from the Lake Simcoe shoreline. Therefore, the above-noted policies are not applicable. Therefore, the application conforms to the LSPP. 4. Simcoe County Official Plan The subject property is designated "Settlements" on Schedule 5.1 of the County of Simcoe Official Plan. The subject property is also not located in any of the following as designated in the Official Plan: Streams and Evaluated Wetlands; Areas of Natural and Scientific Interest; Wellhead Protection Areas and Surface Water Intake Protection Zones; Highly Vulnerable Areas; Significant Groundwater Recharge Areas. The requested minor variance conforms to the purpose and intent of the County of Simcoe, specifically the policies summarized in the policy matrix in Table 2. Table 2 - County of Simcoe Official Plan Policy Matrix Policy Section Policy Details Development Services July 15, 2021 Report No. DS2021-110 Page 9 of 21 Page 165 of 462 6.e) 6.50 p.m. DS2021-110, Michael Barton, Township Planning Consultant ... Section 1.3-Goals of the Plan • The proposed detached garage will be located at the end of the existing driveway to facilitate The goals of this Plan are: convenient vehicular access to the garage and pedestrian access to the dwelling; • To protect,conserve,and enhance the County's • There will be no impacts on natural heritage natural and cultural heritage; features on and adjacent to the subject property, • To achieve wise management and use of the including the existing tree cover located at the County's resources; front and sides of the property; • To implement growth management to achieve • The proposal is intended to be accessory to the lifestyle quality and efficient and cost-effective existing dwelling and facilitate more efficient use municipal servicing,development and land use; of the subject property without negatively • To achieve coordinated land use planning among impacting surrounding uses or public health and the County's local municipalities and with safety; neighbouring counties,districts,regions,and • The proposed detached garage is located within separated cities,and First Nations lands; close proximity to the existing dwelling to provide • To further community economic development convenient access between buildings and to which promotes economic sustainability in Simcoe concentrate the developed portions of the subject County communities,providing employment and property. business opportunities;and • To promote,protect and enhance public health and safety. Part 3-Growth Management Strategy • The proposal represents the addition of a detached garage to an existing residential 3.1 Strategy property,which is appropriate given the location of the property in an existing settlement area; The planning strategy of this Plan is based on four themes: • No new services or infrastructure will be installed to support the proposed detached garage; • Direction of a significant portion of growth and • There are no natural heritage features or development to settlements where it can be agricultural lands/resources on or adjacent to the effectively serviced,with a particular emphasis on subject property that will be impacted by the primary settlement areas. proposal; • Enabling and managing resource-based • The accessory building will facilitate more efficient development including agriculture,forestry, and enhanced use of the subject property for the aggregates,and tourism and recreation. single detached dwelling. • Protection and enhancement of the County's natural heritage system and cultural features and heritage resources,including water resources. • Development of communities with diversified economic functions and opportunities,and a diverse range of housing options. 3.5 Settlements • The minor variances will facilitate more efficient use of the subject property,which is located in a Objectives "Settlement"designation,that is compatible with the surrounding land uses and features and 3.5.1 To focus population and employment growth and respects the existing natural and built form development within settlements,with particular emphasis character of the subject property and surrounding on primary settlement areas,in accordance with the policies area. of this Plan. 3.5.2 To develop a compact urban form that promotes the efficient use of land and provision of water,sewer, transportation,and other services. 3.5.4 To promote development forms and patterns which minimize land consumption and servicing costs. Development Services July 15, 2021 Report No. DS2021-110 Page 10 of 21 Page 166 of 462 6.e) 6.50 p.m. DS2021-110, Michael Barton, Township Planning Consultant ... 5. Township of Oro-Medonte Official Plan The subject property is designated "Rural Settlement Area" on Schedule A of the Township of Oro-Medonte Official Plan. The requested minor variances conform to the purpose and intent of the Township Official Plan, specifically the policies summarized in the policy matrix in Table 3. Table 3 - Township of Oro-Medonte Official Plan Policy Analysis Matrix Policy Section Policy Analysis SECTION A2—GOALS AND STRATEGIC OBJECTIVES • The development proposal and requested minor variance will have no impacts on natural heritage A2.1 Natural Heritage features on the subject property and the surrounding areas. A2.1.1 Goal • No new services or infrastructure are proposed to support the detached structure. It is the goal of this Plan to protect and enhance significant • There are no wetlands or Provincially Significant natural heritage features and related ecological functions in Areas of Natural and Scientific Interest located on the Township. or adjacent to the subject property. A2.1.2 Strategic Objectives a)To protect from incompatible development significant natural heritage features and their associated ecological and hydrological functions. c)To ensure that an understanding of the natural environment,including the values,opportunities,limits and constraints that it provides,guides land use decision-making in the Township. e)To require that the land use planning process contributes to the protection,maintenance and enhancement of water and related resources and aquatic ecosystems on an integrated watershed management basis. f)To protect from incompatible development significant woodlands and wildlife habitat areas and the ecological functions they provide. g)To protect from incompatible development wetlands and Provincially Significant Areas of Natural and Scientific Interest and the habitats and ecological functions they provide. h)To protect natural heritage systems as defined by the Township and the County of Simcoe. A2.6 Growth and Settlement • The subject property is located within the"Rural Settlement"area and the development proposal A2.6.2 Strategic Objectives will make more efficient use of these lands in a manner that is compatible with the community a)To direct the majority of new residential growth to and respects and preserves the context of the settlements. property relative to surrounding land uses. d)To encourage the more efficient use of land in settlements,where appropriate. A4.2.5 Shanty Bay The proposed detached garage will be accessory to an existing single detached dwelling in the Rural Settlement Shanty Bay is a settlement area that functions primarily as a Area.No services will be required to accommodate the residential community.As a result of concerns about the Development Services July 15, 2021 Report No. DS2021-110 Page 11 of 21 Page 167 of 462 6.e) 6.50 p.m. DS2021-110, Michael Barton, Township Planning Consultant ... long range impacts of additional development on private structure and no new demand will be placed on existing septic systems in the community,new development in services or infrastructure. Shanty Bay will be restricted to those lands that have already been approved for development in the previous Township of Oro Official Plan.New development in Shanty Bay will be serviced by an expansion to the existing municipal communal water system and private septic systems,with the exception that one communal sewage treatment system may be considered for municipal assumption on lands within the east half of Lots 27 and 28,Concession III (Oro).No more than one communal sewage treatment system will be permitted in Shanty Bay as a result of concerns about the cost-effectiveness of operating more than one system in a settlement area.Amendments to this Official Plan that have the effect of designating land for additional residential development in Shanty Bay will not be considered unless: •it can be shown that there is a need for additional development in the Township and in this area;and, •the feasibility of developing a communal sewage treatment system servicing the entire settlement area has been investigated to the satisfaction of Council and the appropriate agencies. SECTION C3—RURAL SETTLEMENT AREAS • The proposed detached garage will facilitate more efficient and orderly use of the subject property. C3.1 OBJECTIVES • The proposed structure is consistent with the built form character of the existing dwelling on the •To maintain and create attractive communities with subject property and the character of the suitable amenities. surrounding community. •To ensure that settlement areas are developed in a logical • The detached garage will be accessory to a and cost-effective manner. permitted low density residential use. C3.2 PERMITTED USES Permitted uses in the Rural Settlement Area designation as shown on the schedules to this Plan are low density residential uses,small scale commercial uses that serve the needs of the settlement area and the surrounding rural area, small scale industrial development in the form of repair garages,warehouses,workshops or manufacturing and/or fabrication plants,institutional uses such as schools,places of worship,community centres,libraries and similar uses, bed and breakfast establishments subject to Section C1.3.10 and home occupations. 6. Township of Oro-Medonte Zoning By-Law 97-95 The subject property is zoned "Residential One Zone (R1)". The proposed detached garage is permitted on the basis that it is "accessory" to the primary use of the subject property as a single detached dwelling. The Applicant has requested a minor variance to permit maximum floor area of 83 m2 (893.4 square feet) for the proposed detached accessory building while the zoning regulations permit 70 m2(753.5 square feet) The zoning review provided in this report confirmed that the proposed detached garage Development Services July 15, 2021 Report No. DS2021-110 Page 12 of 21 Page 168 of 462 6.e) 6.50 p.m. DS2021-110, Michael Barton, Township Planning Consultant ... complies with the other applicable zoning regulations, including setbacks and building height. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? Yes. The requested minor variance will facilitate construction of a detached garage that will allow more efficient use of a single detached dwelling that is located within an existing settlement area under the "Rural Settlement Area" designation. The proposed building as applied for will be accessory to the primary use of the subject property as a single detached dwelling, which is consistent with the character and uses in the surrounding area. Many of the surrounding residential properties have detached garages and accessory buildings. The location of the proposed detached building is appropriate to allow for convenient vehicular access to the garage and pedestrian movements between the dwelling and garage. The location in the rear yard also minimizes the visual impact of the structure on the public realm. Finally, the minimum setbacks to all yards and the existing dwelling are met or exceeded to ensure appropriate separation between the proposed detached garage and nearby structures. Do the variances conform to the general intent and purpose of the Zoning By-law? Yes. The general purpose and intent of the Zoning By-Law is to implement the policies and objectives of the local Official Plan. The requested minor variances to the Zoning By-Law will facilitate land use that conforms to the applicable policies of the County and Township Official Plans and will not result in adverse impacts or compatibility issues. The subject property is zoned "Residential One (R1)" under the Township's Zoning By- law 97-95. The applicant has requested relief from the Zoning By-Law to permit floor area of an accessory building or structure of 83 m2 while a maximum of 70 m2 is permitted. The ground floor of the detached garage will be 66.43 m2, which complies with the zoning regulations. The additional 16.57 m2 of storage space in the attic Development Services July 15, 2021 Report No. DS2021-110 Page 13 of 21 Page 169 of 462 6.e) 6.50 p.m. DS2021-110, Michael Barton, Township Planning Consultant ... triggers the requirement for the minor variance. This storage space will be accessory to the single detached dwelling. The proposed garage could be constructed to the same exterior dimensions, including height but excluding the attic space, and not require any minor variances. As a result, the additional floor area above the maximum permitted in the zoning regulations would not result in any compatibility concerns or adverse impacts to surrounding properties. Based on the above, I am satisfied that the proposed detached accessory building would conform to the general purpose and intent of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Yes. The detached garage will facilitate more efficient and organized use of the subject property by allowing for indoor parking of vehicles in a location with convenient access to the existing single detached dwelling. The requested minor variance will allow for additional functionality of attic storage space within the permitted detached garage as an accessory use to the existing single detached dwelling. Are the variances minor? Yes. The detached structure as proposed could be constructed without minor variances if the attic space were removed. The requirement for a minor variance is triggered by the addition of the attic space for storage purposes. Given that the dimensions of the detached structure, including height, would be the exactly the same with or without the attic space, it is my opinion that the variance to permit the additional floor area in the attic space is minor. In addition, the proposed detached garage will only have lot coverage of 1 .7%. Even when combined with the existing detached structure on the subject property, the lot coverage is less than the 5% permitted by the zoning regulations. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Lake Simcoe Protection Plan • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan Development Services July 15, 2021 Report No. DS2021-110 Page 14 of 21 Page 170 of 462 6.e) 6.50 p.m. DS2021-110, Michael Barton, Township Planning Consultant ... • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2016, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Staff are of the opinion that the proposed development will not negatively impact the Township's natural features and attributes, and is consistent with the Strategic Plan. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Operations — No objection. • Township Development Engineering — No objection. An Engineered Lot Grading Plan shall be required at the time of Building Permit Application. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Site Photos Schedule 4: Applicant's Site Plan Schedule 5: Building Drawings Conclusion: I recommend that Minor Variance Application 2021-A-41 be approved, specifically to permit construction of a detached accessory building with a maximum floor area of 83 m2 on the basis that the application meets the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies. Respectfully submitted: Michael Barton, RPP Township Planning Consultant Development Services July 15, 2021 Report No. DS2021-110 Page 15 of 21 Page 171 of 462 6.e) 6.50 p.m. DS2021-110, Michael Barton, Township Planning Consultant ... Approvals: Date: Derek Witlib, Manager Planning Services July 9, 2021 Andria Leigh, Director Development Services July 9, 2021 Development Services July 15, 2021 Report No. DS2021-110 Page 16 of 21 Page 172 of 462 6.e) 6.50 p.m. DS2021-110, Michael Barton, Township Planning Consultant ... Was}e�yRd.� I 66 68 70 72 74 -noons�oneRa. I �HorsesM�¢.ai¢y.k 1028 O M•Barne-R. 918 1044 �'Aid9e A lad _ 7 4 1048 N Q C J 1055 1064 30 54 8 10 1071 6 44 _ 1074 34 - 63 1.986' 4 .: 26 1083 R4. tp 3 16 32 eS 49 St, 8 1093 2 41 1 - 33 19 14 Melis sa Cr... 2108 2092 2091 7 2076 1 1120 3 2068 5 7 2058 9 2048 11 2034 2022 2016 Ri 2006 age 2000 1990 1950 2045 '2035 1156 2015 1164 2007 6 Schedule 1 Location Towruhi- of ® Subject Lands Proud Heritage,Exciting Future 0 100 m File Number:2021-A-41 H Development Services July 15, 2021 Report No. DS2021-110 Page 17 of 21 Page 173 of 462 6.e) 6.50 p.m. DS2021-110, Michael Barton, Township Planning Consultant ... -Moan stoneRdRd Nor 4s" •la leyRl, OW a ieRE. C N dV �Rid9e..!toa - t 1 N N C J Schedule 2 Aerial Photo Tt3stshr»i4', Subject Landsf � �� u'� Proud Heritage,Exciting Fixture 0 30 m File Number:2021-A-41 Development Services July 15, 2021 Report No. DS2021-110 Page 18 of 21 Page 174 of 462 6.e) 6.50 p.m. DS2021-110, Michael Barton, Township Planning Consultant ... Schedule 3: Site Photos S,F� i y; ip Existing Dwelling and Driveway on Subject Property Location of Proposed Garage at End of Driveway 4 U 3d 'k rF' .r: f Proposed Garage Location Relative to Abutting Property Location of Proposed Garage Relative to Existing Dwelling to North G� Existing Detached Accessory Structure(from Raikes Street) Development Services July 15, 2021 Report No. DS2021-110 Page 19 of 21 Page 175 of 462 6.e) 6.50 p.m. DS2021-110, Michael Barton, Township Planning Consultant ... Schedule 4: Applicant's Site Plan sN fi 3� ��i olv�s�4 .9 'TAf/t( 7 Development Services July 15, 2021 Report No. DS2021-110 Page 20 of 21 Page 176 of 462 6.e) 6.50 p.m. DS2021-110, Michael Barton, Township Planning Consultant ... Schedule 5: Building Drawings f 6oZI z��wrAi- __.._._ aka 1 � I v fi I 7.5ev� 3 / ,�lT'fti'�LCS -- � Gt©ov s'azxna - f Development Services July 15, 2021 Report No. DS2021-110 Page 21 of 21 Page 177 of 462 6.e) 6.50 p.m. DS2021-110, Michael Barton, Township Planning Consultant ... From: Saunders, David <dsaunders@oro-medonte.ca> Sent: June 22, 2021 1:14 PM To: Ceretti, Kendra <KCeretti@oro-medonte.ca>; Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing Development Services Committee Meeting July 15th, 2021 (2021- A-41) Newburn Kendra Development Engineering has No Objection to the above noted Application. An Engineered Lot Grading Plan (ELG) shall be required at the time of Building Permit Application. Stay Healthy ! Dave Page 178 of 462 6.e) 6.50 p.m. DS2021-110, Michael Barton, Township Planning Consultant ... From: Metras,Justin <jmetras@oro-medonte.ca> Sent:June 22, 2021 1:58 PM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing Development Services Committee Meeting July 15th, 2021 (2021- A-41) Newburn Line 2 South has been identified as a collector road requiring a 23.0 road allowance. Operations will require a 1.5m road widening as part of this application. Justin Page 179 of 462 6.e) 6.50 p.m. DS2021-110, Michael Barton, Township Planning Consultant ... July 15, 2021 Development Services Committee 6e) Additional correspondence received From: Metras,Justin <Imetras@oro-medonte.ca> Sent:July 5, 2021 8:30 AM To: Karaiskakis,Andy<aKaraiskakis@oro-medonte.ca> Subject: RE: Minor Variance 2021-A-41 - 1086 Line 2 South Andy Operations has no objections to this application. 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Q-' � W N OUP UH tnH = H 0 � = O CCU O (II (II U N C � --' Ci cYi Page 189 of 462 6J) 7.00 p.m. DS2021-111 , Michael Barton, Township Planning Consultant ... Township of Report 0 Fraud Heritgge, Exciting Future Report No. To: Prepared By: DS2021-111 Development Services Michael Barton, Planning Committee Consultant Meeting Date: Subject: Motion # July 15, 2021 Minor Variance Application 2021-A-42 Roll #: Andrew Salomon R.M.S. File #: 4346-010-009-60800 387 Lakeshore Road East D13 59657 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2021-111 be received and adopted. 2. That Minor Variance Application 2021-A-42 by Andrew Salomon, specifically for permission to build a two-storey detached accessory building with maximum floor area of 127.48 square metres (1372 square feet) and maximum building height of 6.63 metres (21.75 feet), be approved subject to the conditions as outlined in Report DS2021-111. 3. The conditions are as follows: a) That notwithstanding Section 5.1.3 (a) and Section 5.1 .6, the proposed detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed detached accessory building be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That the proposed detached accessory building shall not be used for human habitation, commercial purposes or for a home industry; and, d) That the appropriate Zoning Certificate, Engineered Lot Grading Plan and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Development Services July 15, 2021 Report No. DS2021-111 Page 1 of 24 Page 190 of 462 6J) 7.00 p.m. DS2021-111 , Michael Barton, Township Planning Consultant ... Background: 1. Site Location and Context The subject property is located at 387 Lakeshore Road East, as illustrated on Schedule 1. An aerial view of the property and its limits is provided in Schedule 2. The subject property has an area of approximately 4,595 m2 and is currently occupied by a 2-storey single detached dwelling. The property is accessed via a long driveway from Lakeshore Road East that is surrounded by trees that screen the existing dwelling and cleared portion of the property from view at the road. These features are illustrated on the survey submitted with the application and included in Schedule 3. Schedule 4 includes site photographs illustrating the existing site conditions and uses. These schedules illustrate the following existing conditions: • The subject property has extensive tree cover along its frontage on Lakeshore Road East and southerly property line (abutting 355 Lakeshore Road East) that provides extensive screening and buffering among properties and the public realm; • The subject property is surrounded to the north, west and south by single detached dwellings and backs directly onto Lake Simcoe to the east; • The dwelling on 355 Lakeshore Road East is situated towards the south of the lot and considerably set back from the shared property line with the subject property; the structure shown in close proximity to the shared property line on the aerial map and site photographs is a detached accessory building; • The properties on Lakeshore Road East that back onto Lake Simcoe have large front and rear yard setbacks that provide an extensive amount of open space; • The area in front of the existing dwelling is cleared and graded with a gravel driveway and surface parking area; • There is no existing attached or detached garage or accessory structure on the subject property; • Most of the surrounding residential properties include attached or detached garages and/or accessory buildings on the front of the dwelling or in the front yard. 2. Existing Official Plan and Zoning By-Law Designations The following land use planning designations/zoning apply to the subject property: • Simcoe County Official Plan: Settlements • Township of Oro-Medonte Official Plan: Shoreline • Zoning By-Law: Shoreline Residential (SR) Development Services July 15, 2021 Report No. DS2021-111 Page 2 of 24 Page 191 of 462 6J) 7.00 p.m. DS2021-111 , Michael Barton, Township Planning Consultant ... 3. Proposal and Requested Minor Variances The proposed site plan and building drawings are included in Schedule 5. The applicant is proposing construction of a two-storey detached accessory structure that includes a garage on the ground floor and workshop on the second floor for a total floor area of 127.48 m2 (1372 square feet)The proposed detached structure will be located at the southwest corner of the property, south of the existing driveway and parking area and in close proximity to the dwelling. The following minor variance to Zoning By-Law 97-95 has been requested by the Applicant: • To permit a Maximum Floor Area of a Detached Accessory Building or Structure of 127.48 m2 (1372 square feet) whereas 70 m2 (753.5 square feet) is permitted. Details of the proposed use of the garage and workshop areas have not been provided. However, should the Development Services Committee grant the requested minor variance, the Applicant will be required to comply with all other applicable zoning regulations as outlined in the following section of this report, including that the uses be "accessory" to the dwelling and there be no human habitation in the accessory building. The accessory building is also not permitted to function as a second dwelling unit or a commercial/industrial building. 4. Zoning Review Table 1 includes a review of the applicable zoning standards. The intent of the proposal is to facilitate the construction of an "accessory building or structure" that accommodates "accessory uses" per the definitions outlined in Section 6.0 of the Zoning By-Law. In order to construct the proposed detached accessory structure, the Applicant has requested one minor variance to regulation 5.1.6 as it relates to the maximum floor area of a detached accessory building. The zoning review provided in this section has been prepared to illustrate the additional regulations that the proposal must comply with and to identify the need for other variances to support the current proposal. Based on the zoning review, it appears that the following minor variance is required in addition to the variance identified in the application: • Section 5.1 .4: The maximum height of any detached accessory building or structure, except boathouses, is 4.5 metres; the drawings included with the proposal indicate that the detached accessory structure will be 6.63 metres (21.75 feet)in height. "Height" of a building as defined in Zoning By-law 97-95 is measured from the established grade to the mean level between eaves and ridge of a gabled, hip or gambrel roof or other type of pitched roof. Development Services July 15, 2021 Report No. DS2021-111 Page 3 of 24 Page 192 of 462 6J) 7.00 p.m. DS2021-111 , Michael Barton, Township Planning Consultant ... This additional variance for relief from the maximum height required for the detached accessory building was included in the Notice provided on this application. The effect of the requested minor variance and additional minor variance will be to permit the construction of a detached accessory building that exceeds the prevailing zoning regulations for maximum floor area and maximum building height. The building will be required to comply with all other zoning regulations applicable to "accessory buildings and structure" and "accessory uses". Table 1 - Zoning Review Matrix Zoning Regulation Required Proposed 5.1 Accessory Buildings,Structures and Where this By-law provides that land The proposed detached structure will Uses[By-law 2017-0121 may be used or a building or structure be accessory to the existing single may be erected or used for a purpose, detached dwelling on the subject that purpose may include any property on the basis that there will be detached accessory buildings, no human habitation in the structure accessory structures or accessory uses and the structure will not operate as a located on the same lot as the primary commercial or industrial building that use to which they are related.For the is not permitted in this zone. purposes of this by-law a retaining wall with a height of 1.0 metre(3.2 feet)or more is considered an accessory structure and is subject to the provisions of Section 5.1. 5.1.1 Uses Permitted in Detached No detached accessory building or The proposed detached accessory Accessory Buildings and Structures accessory structure shall be used for structure includes a garage on the human habitation or an occupation for ground floor and workshop on the gain,unless specifically permitted by second floor.A 3-piece bathroom this By-law.A detached accessory (toilet,sink and bath tub)is also building or structure is permitted to proposed on the second floor,but no contain sanitary facilities,including food preparation facilities or facilities sink and/or toilet,outside an area for installation of kitchen equipment susceptible to flooding however are included. kitchen facilities including food preparation facilities or facilities for The Applicant has not applied for relief the installation of kitchen equipment from this regulation and the proposed are prohibited. accessory structure will be required to comply. 5.1.3 Permitted locations for detached Unless otherwise specified in this By- The proposed detached accessory accessory buildings and structures in law,detached accessory buildings and building will be located in the front all zones structures,except boathouses,shall: yard of the existing detached dwelling. This is permitted since the property a)Not be located in the front yard. directly abuts Lake Simcoe and the Notwithstanding this provision,a proposed detached accessory building detached private garage is permitted in will satisfy the requirements under the front yard of a lot that abuts Lake Section 5.1.3 b),c),d),e)and f). Simcoe or Bass Lake provided it is set back a minimum distance equal to the required front yard for the main building from the front lot line. Development Services July 15, 2021 Report No. DS2021-111 Page 4 of 24 Page 193 of 462 6J) 7.00 p.m. DS2021-111 , Michael Barton, Township Planning Consultant ... b)Be set back a minimum distance of 2.0 metres(6.5 feet)from the rear lot line. c)Be set back a minimum distance equal to the required exterior side yard for the main building from the exterior side lot line. d)Be set back a minimum distance of 2.0 metres(6.5 feet)from the interior side lot line. Notwithstanding this provision,a detached accessory building may share a common wall with another detached accessory building on an abutting lot and no setback from the interior side lot line is required on that side of the lot. e)Be set back a minimum distance of 1.0 metre(3.2 feet)from the main building on the lot and be set back a minimum distance of 1.0 metres(3.2 feet)from any detached accessory building on the lot. f)Be set back a minimum distance of 20.0 metres(65.6 feet)from the average high water mark of Lake Simcoe or 15.0 metres(49.2 feet)from the average high water mark of Bass Lake. 5.1.4 Maximum height The maximum height of any detached 6.63 metres proposed(variance accessory building or structure,except required) boathouses,is 4.5 metres(14.7 feet). 5.1.5 Maximum lot coverage The maximum lot coverage of all 1.4% detached accessory buildings and structures on a lot,excluding boathouses,is 5 percent. 5.1.6 Maximum floor area[By-law The maximum floor area of any one 127.48 mz(variance required) 2003-081,2017-0121 detached accessory building or structure,excluding boathouses, is 70 square metres(753.5 square feet). However,on lots in the Agricultural/Rural(A/RU)Zone,the maximum floor area of any one detached accessory building or structure is 100 square metres(1076.4 square feet) 5.8 Dwelling Units Unless otherwise specified by this By- The proposal does not include a law,no more than one dwelling unit is second dwelling unit on the subject permitted on a lot. property.The use of any portion of the proposed detached accessory building for habitation would not comply with the zoning regulations. Development Services July 15, 2021 Report No. DS2021-111 Page 5 of 24 Page 194 of 462 6J) 7.00 p.m. DS2021-111 , Michael Barton, Township Planning Consultant ... 5.24 Prohibited Uses[By-law 2015- The following uses are prohibited in The proposed detached accessory 1921 any Zone: building is not proposed for human habitation and no minor variances c)The use of any accessory building or have been applied for that relate to structure or boathouse for human using the building for this purpose. habitation. "Accessory Building or Structure" Means a detached building or The minor variance application is (Section 6.0) structure,the use of which is naturally based on the proposed detached and normally incidental to,subordinate accessory building satisfying this to,or exclusively devoted to,the definition.Use of the building for principal use or main building on the human habitation of same lot. commercial/industrial purposes is not permitted. "Accessory Use"(Section 6.0) Means a use,customarily and normally The uses proposed for the proposed subordinate to,incidental to and structure are intended to be exclusively devoted to the principal use subordinate to the single detached and located on the same lot. dwelling on the subject property. Analysis: 1. Provincial Policy Statement, 2020 Part II of the Provincial Policy Statement, 2020 ("PPS 2020") identifies the requirement under Section 3 of the Planning Act that the exercise of any authority that affects a planning matter, "shall be consistent with" policy statements issued under the Act. Comments, submissions or advice that affect a planning matter that are provided by the council of a municipality, a local board, a planning board, a minister or ministry, board, commission or agency of the government "shall be consistent with" this Provincial Policy Statement. As outlined in the policy matrix in Table 1, the development proposal and requested minor variances are consistent with PPS 2020 on the basis that more efficient use will be made of the subject property and existing single detached dwelling through construction of a detached structure that is accessory to the dwelling, will utilize existing services and infrastructure, and will have no adverse impact on natural heritage features and surrounding land uses in the community. The subject property is also located within an existing settlement area that is appropriate for intensified land use that is compatible with existing uses on and adjacent to the property. However, use of the detached building must remain accessory to the dwelling and not be used for human habitation or as a business for commercial gain. Table 1 - PPS 2020 Policy Analysis Matrix Policy Section Policy Analysis The Vision for Ontario's Land Use Planning System(Part IV . The proposed detached accessory building will of PPS 2020) allow for more efficient and functional use of the subject property and existing dwelling than under current conditions; Development Services July 15, 2021 Report No. DS2021-111 Page 6 of 24 Page 195 of 462 6J) 7.00 p.m. DS2021-111 , Michael Barton, Township Planning Consultant ... • Land use must be carefully managed to • The physical separation from the dwellings on the accommodate appropriate development to meet surrounding properties,combined with the the full range of current and future needs,while screening provided by existing trees along the achieving efficient development patterns and frontage and side yards of the subject property, avoiding significant or sensitive resources and will screen the proposed detached structure from areas which may pose a risk to public health and view in the public realm and surrounding areas; safety. • There are no identified natural heritage features • Efficient development patterns optimize the use of on or adjacent to the subject property that will be land,resources,public investment in infrastructure adversely impacted by the proposal. and public service facilities. • Strong,liveable and healthy communities promote and enhance human health and social well-being, are economically and environmentally sound,and are resilient to climate change. • Strong communities,a clean and healthy environment and a strong economy are inextricably linked.Long-term prosperity,human and environmental health and social well-being should take precedence over short-term considerations. Part V:Policies The proposal and requested minor variances are consistent with these policies on the following basis: 1.0 Building Strong Healthy Communities • The subject property will be used more efficiently 1.1 Managing and Directing Land Use to Achieve Efficient than under existing conditions; and Resilient Development and Land Use Patterns • The proposed structure will be accessory to the existing single detached dwelling on the subject 1.1.1 Healthy,liveable and safe communities are sustained property; by: • There will be no adverse impacts to natural heritage features or public health and safety; a)promoting efficient development and land use • There will be no adverse impacts to the use and patterns which sustain the financial well-being of the development of adjacent lands or other properties Province and municipalities over the long term; in the community. b)accommodating an appropriate affordable and market-based range and mix of residential types (including single-detached,additional residential units, multi-unit housing,affordable housing and housing for older persons),employment(including industrial and commercial),institutional(including places of worship, cemeteries and long-term care homes),recreation,park and open space,and other uses to meet long-term needs; c)avoiding development and land use patterns which may cause environmental or public health and safety concerns; d)avoiding development and land use patterns that would prevent the efficient expansion of settlement areas in those areas which are adjacent or close to settlement areas; 1.1.3 Settlement Areas • The subject property is located in a settlement area along Lake Simcoe that has been established Settlement areas are urban areas and rural settlement areas, for low density residential uses.The development and include cities,towns,villages and hamlets.Ontario's proposal represents more efficient use of the settlement areas vary significantly in terms of size,density, subject property through the addition of a population,economic activity,diversity and intensity of land Development Services July 15, 2021 Report No. DS2021-111 Page 7 of 24 Page 196 of 462 6J) 7.00 p.m. DS2021-111 , Michael Barton, Township Planning Consultant ... uses,service levels,and types of infrastructure available.The structure and uses that are accessory to the vitality and regeneration of settlement areas is critical to the existing single detached dwelling. long-term economic prosperity of our communities. • There will be no adverse impacts to existing Development pressures and land use change will vary across natural resources,green spaces or other uses on Ontario.It is in the interest of all communities to use land or around the subject property. and resources wisely,to promote efficient development • The proposed accessory detached structure will patterns,protect resources,promote green spaces,ensure utilize existing infrastructure and not require effective use of infrastructure and public service facilities extension or upgrade of municipal services. and minimize unnecessary public expenditures. • The required building setbacks will be exceeded with additional buffering provided by existing tree 1.1.3.1 Settlement areas shall be the focus of growth and cover along the front and side yards of the subject development. property. 1.1.3.2 Land use patterns within settlement areas shall be • The proposed detached building will be located in based on densities and a mix of land uses which: close proximity to the existing dwelling to provide a)efficiently use land and resources; convenient access between these structures.The b)are appropriate for,and efficiently use,the detached building is also located in a logical infrastructure and public service facilities which are location at the end of the driveway and abutting planned or available,and avoid the need for their the surface parking area,which consolidates the unjustified and/or uneconomical expansion; location of activities associated with the dwelling c)minimize negative impacts to air quality and climate and detached accessory building. change,and promote energy efficiency; d)prepare for the impacts of a changing climate; e)support active transportation; f)are transit-supportive,where transit is planned,exists or may be developed;and g)are freight-supportive. Land use patterns within settlement areas shall also be based on a range of uses and opportunities for intensification and redevelopment in accordance with the criteria in policy 1.1.3.3,where this can be accommodated. 1.1.3.4 Appropriate development standards should be promoted which facilitate intensification,redevelopment and compact form,while avoiding or mitigating risks to public health and safety. 1.1.3.6 New development taking place in designated growth areas should occur adjacent to the existing built-up area and should have a compact form,mix of uses and densities that allow for the efficient use of land,infrastructure and public service facilities. 2.0 Wise Use and Management of Resources • There are no natural environmental features on or in close proximity to the subject property 2.1 Natural Heritage identified in the Simcoe County or Township of Oro-Medonte Official Plans. 2.1.1 Natural features and areas shall be protected for the . The subject property is not located in the Niagara long term. Escarpment or Oak Ridges Moraine Plan areas. 2.1.2 The diversity and connectivity of natural features in an . The proposed detached accessory building will be area,and the long-term ecological function and biodiversity located within an area of the subject property that of natural heritage systems,should be maintained,restored is already cleared and graded as part of the low or,where possible,improved,recognizing linkages between density residential use. and among natural heritage features and areas,surface • There are no significant wetlands or other natural water features and ground water features. heritage features that will be impacted by the 2.1.3 Natural heritage systems shall be identified in Ecoregions 6E&7E1,recognizing that natural heritage Development Services July 15, 2021 Report No. DS2021-111 Page 8 of 24 Page 197 of 462 6J) 7.00 p.m. DS2021-111 , Michael Barton, Township Planning Consultant ... systems will vary in size and form in settlement areas,rural proposed development,including the existing areas,and prime agricultural areas. trees located at the front of the subject property. 2.1.4 Development and site alteration shall not be permitted in: a)significant wetlands in Ecoregions 5E,6E and 7E1; and b)significant coastal wetlands. 2.1.5 Development and site alteration shall not be permitted in: a)significant wetlands in the Canadian Shield north of Ecoregions 5E,6E and 7E1; b)significant woodlands in Ecoregions 6E and 7E (excluding islands in Lake Huron and the St.Marys River)1; c)significant valleylands in Ecoregions 6E and 7E (excluding islands in Lake Huron and the St.Marys River)1; d)significant wildlife habitat; e)significant areas of natural and scientific interest;and f)coastal wetlands in Ecoregions 5E,6E and 7E1 that are not subject to policy 2.1.4(b)unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions. 2.1.6 Development and site alteration shall not be permitted in fish habitat except in accordance with provincial and federal requirements. 2.1.7 Development and site alteration shall not be permitted in habitat of endangered species and threatened species, except in accordance with provincial and federal requirements. 2.1.8 Development and site alteration shall not be permitted on adjacent lands to the natural heritage features and areas identified in policies 2.1.4,2.1.5,and 2.1.6 unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions. 2. A Place to Grow - Growth Plan for the Greater Golden Horseshoe As set out in Section 1.2.2, A Place to Grow — Growth Plan for the Greater Golden Horseshoe applies to the area designated by Ontario Regulation 416/05 as the Greater Golden Horseshoe growth plan area. All decisions in respect of the exercise of any authority that affects a planning matter will conform with this Plan, subject to any legislative or regulatory provisions providing otherwise. All of the Township of Oro- Medonte and County of Simcoe are included in the "Simcoe Sub-Area" of this Plan. It is my opinion that the development proposal conforms to the applicable Growth Plan policies on the following basis: Development Services July 15, 2021 Report No. DS2021-111 Page 9 of 24 Page 198 of 462 6J) 7.00 p.m. DS2021-111 , Michael Barton, Township Planning Consultant ... • The proposal represents reasonable intensification of an existing low density residential use located within an established settlement area; • The proposed detached structure supports an existing single detached dwelling and will allow for more efficient use of the subject property; • No extensions or upgrades are required to existing services or infrastructure to support the proposed detached structure; • There will be no adverse impacts on agricultural lands, natural heritage, hydrologic and landform systems, features and functions; and • The prevailing Official Plan and Zoning By-Law designations permit detached structures as an accessory use to the existing dwelling. 3. Lake Simcoe Protection Plan (LSPP) The subject lands are located outside the Lake Simcoe Region Conservation Authority's regulated area and the Township is not required to circulate applications that are not within the regulated area to the LSRCA. However, the property is located within the Lake Simcoe Watershed and is therefore subject to the policies found within the Lake Simcoe Protection Plan (LSPP), which is a Provincial plan approved under the Lake Simcoe Protection Act, 2008. Planning Staff have reviewed the application in context to the LSPP and the following policies are applicable: "6.3-DP Within shoreline built-up areas, an application for development or site alteration within 120 metres of the Lake Simcoe shoreline shall be accompanied by a natural heritage evaluation that satisfies the requirements of policy 6.26..." In addition, Policy 6.10-DP states that within 120 metres of the Lake Simcoe Shoreline, development and site alteration should be integrated with and should not constrain ongoing or planned stewardship and remediation efforts. The proposed development is located within an existing shoreline residential area that meets the LSPP's definition of shoreline built-up areas and is located more than 120 metres from the Lake Simcoe shoreline. Therefore, the above-noted policies are not applicable. The LSRCA, in their comments, have confirmed conformity with the LSPP. 4. Simcoe County Official Plan The subject property is designated "Settlements" on Schedule 5.1 of the County of Simcoe Official Plan. The settlement area is surrounded predominantly by the "Rural" designation. The subject property is also not located in any of the following as designated in the Official Plan: Streams and Evaluated Wetlands; Areas of Natural and Scientific Interest; Wellhead Protection Areas and Surface Water Intake Protection Zones; Highly Vulnerable Areas; Significant Groundwater Recharge Areas. Development Services July 15, 2021 Report No. DS2021-111 Page 10 of 24 Page 199 of 462 6J) 7.00 p.m. DS2021-111 , Michael Barton, Township Planning Consultant ... The requested minor variances conform to the purpose and intent of the County of Simcoe, specifically the policies summarized in the policy matrix in Table 2. Table 2 - County of Simcoe Official Plan Policy Matrix Policy Section Policy Details Section 1.3-Goals of the Plan • The proposed detached accessory building will be located in an area of the property that has already The goals of this Plan are: been cleared and graded for the existing low density residential use; • To protect,conserve,and enhance the County's • There will be no impacts on natural heritage natural and cultural heritage; features on and adjacent to the subject property, • To achieve wise management and use of the including the existing tree cover located at the County's resources; front and sides of the property; • To implement growth management to achieve • The proposal is intended to be accessory to the lifestyle quality and efficient and cost-effective existing dwelling and facilitate more efficient use municipal servicing,development and land use; of the subject property without negatively • To achieve coordinated land use planning among impacting surrounding uses or public health and the County's local municipalities and with safety; neighbouring counties,districts,regions,and • The proposed detached accessory building is separated cities,and First Nations lands; located within close proximity to the existing • To further community economic development dwelling to provide convenient access between which promotes economic sustainability in Simcoe buildings and to concentrate the developed County communities,providing employment and portions of the subject property; business opportunities;and • The heavily treed(bush)area at the front and sides • To promote,protect and enhance public health of the property will screen the proposed detached and safety. accessory building from view on Lakeshore Road East and the surrounding properties. Part 3-Growth Management Strategy • The proposal represents the addition of an accessory structure and use to an existing 3.1 Strategy residential property,which is appropriate given the location of the property in an existing The planning strategy of this Plan is based on four themes: settlement area; • No new services or infrastructure will be installed • Direction of a significant portion of growth and to support the proposed detached building; development to settlements where it can be • There are no natural heritage features or effectively serviced,with a particular emphasis on agricultural lands/resources on or adjacent to the primary settlement areas. subject property that will be impacted by the • Enabling and managing resource-based proposal; development including agriculture,forestry, • The accessory building will facilitate more efficient aggregates,and tourism and recreation. and enhanced use of the subject property for the • Protection and enhancement of the County's single detached dwelling. natural heritage system and cultural features and heritage resources,including water resources. • Development of communities with diversified economic functions and opportunities,and a diverse range of housing options. 3.5 Settlements • The minor variances will facilitate more efficient use of the subject property,which is located in a Objectives "Settlement"designation,that is compatible with the surrounding land uses and features and respects the existing natural and built form Development Services July 15, 2021 Report No. DS2021-111 Page 11 of 24 Page 200 of 462 6J) 7.00 p.m. DS2021-111 , Michael Barton, Township Planning Consultant ... 3.5.1 To focus population and employment growth and character of the subject property and surrounding development within settlements,with particular emphasis area. on primary settlement areas,in accordance with the policies of this Plan. 3.5.2 To develop a compact urban form that promotes the efficient use of land and provision of water,sewer, transportation,and other services. 3.5.4 To promote development forms and patterns which minimize land consumption and servicing costs. 5. Township of Oro-Medonte Official Plan The subject property is designated "Shoreline" on Schedule A of the Township of Oro- Medonte Official Plan. The requested minor variances conform to the purpose and intent of the Township Official Plan, specifically the policies summarized in the policy matrix in Table 3. Table 3 - Township of Oro-Medonte Official Plan Policy Analysis Matrix Policy Section Policy Analysis SECTION A2—GOALS AND STRATEGIC OBJECTIVES • The development proposal and requested minor variances will have no impacts on natural heritage A2.1 Natural Heritage features on the subject property and the surrounding areas,including the extensive tree A2.1.1 Goal cover location on the subject property. • The setback to Lake Simcoe will be maintained It is the goal of this Plan to protect and enhance significant given that the proposed detached structure is natural heritage features and related ecological functions in located in front of the existing single detached the Township. dwelling. • No new services or infrastructure are proposed to A2.1.2 Strategic Objectives support the detached structure. • There are no wetlands or Provincially Significant a)To protect from incompatible development significant Areas of Natural and Scientific Interest located on natural heritage features and their associated ecological and or adjacent to the subject property. hydrological functions. c)To ensure that an understanding of the natural environment,including the values,opportunities,limits and constraints that it provides,guides land use decision-making in the Township. e)To require that the land use planning process contributes to the protection,maintenance and enhancement of water and related resources and aquatic ecosystems on an integrated watershed management basis. f)To protect from incompatible development significant woodlands and wildlife habitat areas and the ecological functions they provide. g)To protect from incompatible development wetlands and Provincially Significant Areas of Natural and Scientific Interest and the habitats and ecological functions they provide. Development Services July 15, 2021 Report No. DS2021-111 Page 12 of 24 Page 201 of 462 6J) 7.00 p.m. DS2021-111 , Michael Barton, Township Planning Consultant ... h)To protect natural heritage systems as defined by the Township and the County of Simcoe. A2.6 Growth and Settlement • The subject property is located within the "Shoreline"area and the development proposal A2.6.2 Strategic Objectives will make more efficient use of these lands in a manner that is compatible with the community a)To direct the majority of new residential growth to and respects and preserves the context of the settlements. property relative to surrounding land uses. d)To encourage the more efficient use of land in settlements,where appropriate. SECTION C5—SHORELINE • The proposal and requested minor variances will maintain the single detached dwelling residential C5.1 OBJECTIVES character of the subject property and surrounding area by adding a detached accessory structure •To maintain the existing character of this predominantly within the existing cleared and developed portion residential area. of the property; •To protect the natural features of the shoreline area and • The proposed detached structure will be buffered the immediate shoreline. by physical separation from existing dwellings on •To ensure that existing development is appropriately surrounding properties and exceeding the required serviced with water and sewer services. front,rear and side yard setbacks; • Existing trees along the front and side yards will C5.2 PERMITTED USES provide a layer of screening to mitigate the impacts of the proposed detached structure on the Permitted uses on lands designated Shoreline on the public realm and surrounding properties; schedules to this Plan are single detached dwellings,existing • The existing rear yard setback to Lake Simcoe will marinas,small scale commercial uses such as convenience be maintained by placing the proposed detached stores,public parks,bed and breakfast establishments structure in front of the existing dwelling; subject to Section C1.3.10 and home occupations. • The proposal will rely on existing services and infrastructure. C5.6 SETBACKS FROM LAKE SIMCOE AND BASS LAKE The retention of tree cover on the shoreline is important to the maintenance of the integrity of the shoreline.The implementing Zoning By-law shall include a setback from the high water mark for all new development,including additions,renovations and new construction,excepting boathouses,along the Lake Simcoe and Bass Lake shorelines. In addition,the implementing Zoning By-law shall contain provisions that restrict the size and location of boathouses on a lot. 6. Township of Oro-Medonte Zoning By-Law 97-95 The subject property is zoned "Shoreline Residential (SR)". The proposed detached accessory building and garage and workshop uses are permitted on the basis that they are subordinate or "accessory" to the primary use of the subject property as a single detached dwelling. The detached accessory building is not permitted to be used for human habitation or occupation purposes that would define the building as either a second dwelling unit on the subject property or an industrial/commercial building, neither of which are permitted. Development Services July 15, 2021 Report No. DS2021-111 Page 13 of 24 Page 202 of 462 6J) 7.00 p.m. DS2021-111 , Michael Barton, Township Planning Consultant ... The Applicant has requested a minor variance to permit maximum floor area of 127.48 m2 for the proposed detached accessory building while the zoning regulations permit 70 m2. The zoning review provided in this report identified the requirement for a minor variance to permit maximum building height of 6.63 metres whereas a maximum of 4.5 metres is permitted as-of-right. This additional variance as noted above was included in the Notice of Public Hearing that was circulated to the public and agencies. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? Yes. The development proposal and requested minor variances will facilitate construction of a detached accessory structure that will allow more efficient use of the single detached dwelling that is located within an existing settlement area under the "Shoreline" designation. The proposed building and uses as applied for will be accessory to the primary use of the subject property as a single detached dwelling, which is consistent with the character and uses in the surrounding area. Many of the surrounding residential properties have detached garages and accessory buildings, including in the front yard. Constructing the proposed detached building in the front yard allows for more functional use of the building in conjunction with the dwelling, and also maintains the existing rear yard and setback to Lake Simcoe. In addition, the location, floor area and height of the proposed accessory building will be mitigated by the proposed setbacks, distance from existing dwellings on the surrounding properties, and the tree cover that will be maintained at the front and sides of the subject property. Do the variances conform to the general intent and purpose of the Zoning By-law? Yes. The general purpose and intent of the Zoning By-Law is to implement the policies and objectives of the local Official Plan. The requested minor variances to the Zoning By-Law will facilitate land use that conforms to the applicable policies of the County and Township Official Plans and will not result in adverse impacts or compatibility issues. Development Services July 15, 2021 Report No. DS2021-111 Page 14 of 24 Page 203 of 462 6J) 7.00 p.m. DS2021-111 , Michael Barton, Township Planning Consultant ... The subject property is zoned "Shoreline Residential (SR)" under the Township's Zoning By-law 97-95. The applicant has requested relief from the Zoning By-Law to permit floor area of an accessory building or structure of 127.48 m2 while a maximum of 70 m2 is permitted. This land use planning analysis has determined that the proposed maximum building height for an accessory building structure is 6.63 metres, which exceeds the maximum permitted of 4.5 metres. As a result, this second minor variance is required. The proposed detached accessory building is located within close proximity to the existing single detached dwelling. The proposed uses will be accessory to the single detached dwelling and support continued use of the subject property for low density residential. The potential impacts of the requested increase to the maximum floor area and maximum building height of the accessory building relative to the zoning regulations are mitigated by the size of the lot, the proposed building setbacks, the physical distance from the existing structures on the surrounding properties, the location of the proposed accessory building in the front yard, and the trees located along the front and sides of the subject property. As a result, the additional floor area and height requested will not result in a detached accessory building that is incompatible with surrounding uses relative to the maximum floor area and height permitted as-of-right. It is important to note that the proposed accessory building will have lot coverage of approximately 1.5% while the maximum permitted for all accessory buildings is 5%, which reflects how the size of the lot mitigates the impact of the building footprint. The proposed building height of 6.63 metres is measured at the mid-point between the highest and lowest points of the sloped roof, but remains higher than the maximum permitted of 4.5 metres. The proposed height allows the accessory structure to function as a full two storeys above grade, including a 3-piece bathroom. While the height of the proposed accessory building is 2.13 metres greater than the maximum permitted, the height is also 4.37 metres less than the 11 metre maximum for a single detached dwelling. In effect, the proposed height of the accessory building is less than halfway between the maximum permitted for an accessory building and the maximum permitted for a single detached dwelling. It is also important to note that the no portion of the detached accessory building is permitted to be used for human habitation. Under the Zoning By-Law "habitable" is defined as "any floor space within a building or structure designed and intended to be used for living, sleeping, cooking or eating purposes as defined as suite or dwelling unit under the Building Code Act, as amended." Based on the above, I am satisfied that the proposed detached accessory building would conform to the general purpose and intent of the Zoning By-law. Are the variances desirable for the appropriate development of the lot? Yes. The requested minor variance for maximum floor area and required minor variance for maximum building height will result in the construction of a detached accessory building that is consistent with the applicable policies of the Provincial Policy Statement, Development Services July 15, 2021 Report No. DS2021-111 Page 15 of 24 Page 204 of 462 6J) 7.00 p.m. DS2021-111 , Michael Barton, Township Planning Consultant ... 2020, conforms to the Growth Plan for the Greater Golden Horseshoe, and conforms to the purpose and intent of the Official Plans of Simcoe County and the Township of Oro- Medonte. The proposed building will allow for more efficient use of the subject property and will be accessory to the existing single detached dwelling in height, floor area and building footprint. In addition, the building will not be permitted for human habitation or uses that would be establish the building as a commercial or industrial use. Are the variances minor? Yes. The minor variances for maximum floor area and maximum building height will not result in adverse impacts or compatibility concerns relative to the maximum as-of-right permissions. The detached accessory building is proposed in a location that is set back from the existing dwellings on the surrounding properties and will also be screened by the existing tree cover along the front and side yards of the property. It is also important to note that a new dwelling could be constructed on the subject property to a maximum height of 11 metres and to within 3 metres of the interior side yard without requiring any minor variances. With these as-of-right permissions in mind, the proposed 6.63 metre height of the proposed accessory dwelling is minor in nature. With respect to the requested floor area ratio, the Zoning By-Law permits the total of all accessory structures on the property to be 5%. The proposed detached accessory building would be the only accessory building on the subject property and would have 1 .5% lot coverage. Thus, the requested maximum floor area is minor relative to the zoning regulations. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • Lake Simcoe Protection Plan • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Development Services July 15, 2021 Report No. DS2021-111 Page 16 of 24 Page 205 of 462 6J) 7.00 p.m. DS2021-111 , Michael Barton, Township Planning Consultant ... Corporate Strategic Goals: In 2016, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Staff are of the opinion that the proposed development will not negatively impact the Township's natural features and attributes, and is consistent with the Strategic Plan. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Building Division — No comments. • Township Operations — No comments. • Township Development Engineering — No objection. An Engineered Lot Grading Plan shall be required at the time of Building Permit Application. • Lake Simcoe Region Conservation Authority (LSRCA) - LSRCA is satisfied from a watershed management perspective that the application is consistent with the natural heritage and hazard policies of the PPS, and in conformity with the LSPP. The works will not require a permit from LSRCA. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Survey of Subject Property Schedule 4: Site Photos Schedule 5: Applicant's Site Plan and Building Drawings Conclusion: Planning Staff recommends that Minor Variance Application 2021-A-42 be approved, specifically to permit construction of a detached accessory building with a maximum floor area of 127.48 m2 and maximum building height of 6.63 metres on the basis that the application meets the four tests of the Planning Act and conforms to or is consistent with applicable Provincial, County and Township planning policies. Development Services July 15, 2021 Report No. DS2021-111 Page 17 of 24 Page 206 of 462 6J) 7.00 p.m. DS2021-111 , Michael Barton, Township Planning Consultant ... Respectfully submitted: Michael Barton, RPP Township Planning Consultant Approvals: Date: Derek Witlib, Manager Planning Services July 9, 2021 Andria Leigh, Director Development Services July 9, 2021 Development Services July 15, 2021 Report No. DS2021-111 Page 18 of 24 Page 207 of 462 6J) 7.00 p.m. DS2021-111 , Michael Barton, Township Planning Consultant ... 7P kd7 nstonRd!�+A 33 Horsesfi' aI v'0. 0 430 440 478 486 o¢d.ea«ie.kd.� 410 420 470 462 454 �rkld9R R lad u 481 471 6 390 453 433 Ld Gres.1��1 376 m Gran�v�eW 9 y 425 7 5 362 Y 411 435 3 � 1 356 J 350 387 14 338 355 zs Iv 12 0 22 U13 320 321 N 10 289 Lake 9 271 Simcoe 18 -6 10 6 R 5 224 243 4 � 3 210 215 2 1 132 120 187 11 122 126 118 129 131 159 127 Schedule 1 Location 'f Towns hip of ® Subject Lands Proud Heritage,Exciting Future 0 100 M File Number:2021-A-42 Development Services July 15, 2021 Report No. DS2021-111 Page 19 of 24 Page 208 of 462 6J) 7.00 p.m. DS2021-111 , Michael Barton, Township Planning Consultant ... YaseyRd. w. Harseskge�ValleyR, Old•a ie-Rd. 4 T d t N d Y J � e'• 1� i Schedule 2 gdidft Aerial Photo -w Subject Lands Proud Heritq�e,Excitiuy Future 0 40 m File Number:2021-A-42 Development Services July 15, 2021 Report No. DS2021-111 Page 20 of 24 Page 209 of 462 6J) 7.00 p.m. DS2021-111 , Michael Barton, Township Planning Consultant ... Schedule 3: Site Photographs :.,k.:I - Subject Property from Lakeshore Road East y Driveway Entering into Subject Property Existing Dwelling and Location of Proposed Detached Location of Proposed Detached Accessory Building(Looking Accessory Building(Looking East Towards Lake Simcoe) West from Rear Yard) p _ s , Location of Proposed Detached Accessory Building(Looking Location of Proposed Detached Accessory Building(Looking Southwest from South Side of Dwelling) East Towards Lake Simcoe) Development Services July 15, 2021 Report No. DS2021-111 Page 21 of 24 Page 210 of 462 §.q 7.00 p.m. DS2O21-111 , Michael Barton, Township Planning Consultant Schedule 4: Sit Plan and Building Drawings U-) m C-r 3 IC' � \ Ln 7IJ!g! IF / v 10 . Z ` Z / / ; ~2 0Z |\( ®/ ! Z - f ))A / \\% \; | | MM i \§f / _ -103 0. 3. / 2� - ) /([ k!f ;2: y mo\ 2 / m:$ mom § \j , ! { � ) { , Development Services Jul 1$ 2021 Report No DS20 1-111 Page 2 0 2 Page 211 0 462 6J) 7-00 p.m. DS2021-111 , Michael Barton, Township Planning Consultant ---------------------------------------------------------------------------------------- -------- ------------------------- ------------- ----------- ----- ------- L-- F7 W j 7 -------------- ----------- -------------- FF E ---------- --------------------------------------------------------------------------------- SFE --------------- ------------------------ ----------- ------------------—------Z: I V= .41'.dZ-1A -------------- -- -4- 1- Development Services July 15, 2021 Report No. DS2021-111 Page 23 of 24 Page 212 of 462 6J) 7.00 p.m. DS2021-111 , Michael Barton, Township Planning Consultant ... FRONT ELEVATION REAR ELEVATION —_______________________________________ a m m � ///��/ � )' s - ------------------------------- ------ --- ------ GROUND FLOOR SECOND FLOOR ------------------------- i Li I a I 1 1 1 I fl I I I I I I I ® I I I I I I I 11 c�ce 1 I I I I I li I 1 1 I I I I I I I a I I I I I I I I I I I a I I I I I WaRK5R9P I I I I I I 1 1 I I I 1 1 I I I � � I I I 1 1 I I 1 1 i I I I I I 1 1 1 1 I I � - I Development Services July 15, 2021 Report No. DS2021-111 Page 24 of 24 Page 213 of 462 6J) 7.00 p.m. DS2021-111 , Michael Barton, Township Planning Consultant ... Kendra Development Engineering has No Objection to the above noted Application. An Engineered Lot Grading Plan shall be required at the time of Building Permit Application. Stay Healthy Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 214 of 462 6J) 7.00 p.m. DS2021-111 , Michael Barton, Township Planning Consultant ... Building division has no comments at this time. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 215 of 462 6J) 7:00 p.m. DS2021-111 , Michael Barton, Township Planning Consultant ... Kendra Operations has no comments on this application. Justin Page 216 of 462 6J) 7.00 p.m. DS2021-111 , Michael Barton, Township Planning Consultant ... �4 y w r J 6i t ui d 0 N d x y a� WI Aj }+ keM-ad: U EdTa o;uaroy u '^ E m O •P21-oa-�� v U N }' C C _ -0 NO C6 M U) > O L N 0� c0 ._ O a) cn 'v) (D ca a) a) C: a� a J a O _0 a) U O . . . . -r- r. a) a .� •— a) N O U Page 217 of 462 6J) 7.00 p.m. DS2021-111 , Michael Barton, Township Planning Consultant ... �4 LO � w 0) 00 cu IN O -0 a) C6 U O ° Oi M •— C � O -0 O U) `V +-� LO L CO U N � F u E _ o o � •� QM 0 N •CU Q O. T N 0 � O O o }, N ° • .� T .a) o U Q- o cn _ 2 li U? ca E E LO E E a� a� x x U) a--i ui ui .L 0 v+ A! 07 O 2 O O �V U Nam? 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J. v/� ■ t s ' - C6 (1) Co N CU CU N � .7rr CU J 4-0 t CD 3 v e f4lati 4 Page 224 of 462 6J) 7.00 p.m. DS2021-111 , Michael Barton, Township Planning Consultant ... �4 AAA C _ 4 NO 0. a) L.- 0 IZ- CU �� pr � 4 t Oat' Q CU O CU CUc ��u'E'x"�+ � �x�yr, °ti L� }� � r b } ^' �� , a) U C: N � �� n, A W fi k a1 O nli . O CU U O O O Q O L Page 225 of 462 6J) 7.00 p.m. DS2021-111 , Michael Barton, Township Planning Consultant ... X C M � Cfl N !E a CU CO U CU U O N O O CD �. 4 O 0') y LO i Q) N N O E N . b N O (� CO L FU O O C Q E C CII CU N U .E E N L LO E O � E 0 o "Ja CU 70 a� C C � 4- � a�i C CU L L O CL 0 CII 0 CU f E C m " •U CL O L = L N 0 0 c6 70 N 2 CU ^' CO O s= > o CO 0- (D �� " � o CU -0 a a�i a�i Q a�i can �' CU E > �60) O oho COCU rnC 0- a) E N CR 0) (n cB O �. U U) ao CN (n / � 0 'It7 N � W0)Ws) Ws=C C � N 70 070 oU in o E � � E Q CU < _0W7 � M � E o N > -0 >% 0 C _0 (n _0 w o O >' (n > U > � Cam, .-. L L N (11) O ^v CU O 'O N U U 1L Q CL C) CV O CU U � U N 4- Q N O CV :ECU 70 CU () O E O CU 70 C 70 07 70 _0 N C a) U N CII N N O E > U Q� . . O vi N 0- 0 O 0 O > CU 0- CU N _ CU U_ Q O 0) L N CU N O 0- CU C N U -0 N C) C2= N 76 "-c -0 � C T E -0N Q to C O N (II C2 0 C(L (B pU p Q C = OO U B CU Q 0- CU 0- N M T 0U70 a) CU 7L > OC O > CV �. �. O �. N . �. 0H OUH WH = H O � � N CU O CU CU U "' N -0 C N = = U N = CU Q U C C) L CU E H Q to Cq- Page 226 of 462 6.g) 7.10 p.m. DS2021-113, Derek Witlib, Manager, Planning Services re: ... ,M Township of l� Report kevlolmel Proud Heritage, Exciting Future Report No. To: Prepared By: DS2021-113 Development Services Derek Witlib, Manager Committee Planning Services Meeting Date: Subject: Motion # July 15, 2021 Minor Variance Application 2021-A-43 by Roll #: 2819593 Ontario Inc. R.M.S. File #: 4346-010-003-23310 430 15/16 Side Road West D13-59658 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2021-113 be received and adopted. 2. That Minor Variance Application 2021-A-43 by 2819593 Ontario Inc., specifically for permission to permit a home occupation occupying a maximum of 45 percent of the gross floor area of a dwelling unit and with a maximum of four (4) employees who are not a resident of the dwelling unit, on lands municipally known as 430 15/16 Side Road West, Township of Oro-Medonte, be approved, subject to the conditions as outlined in Report DS2021-113. 3. The conditions are as follows: a. That notwithstanding Sections 5.12 (d) & (g) — Home Occupations, the proposed home occupation shall otherwise comply with all other applicable provisions of the Zoning By-law; b. That the development of the lands be substantially and proportionally in conformity with sketch submitted and approved by the Committee; c. The applicant submit a Septic System Verification to the satisfaction of the Chief Building Official; d. That the appropriate Zoning Certificate, LSRCA Permit and Building Permit (Change of Use) be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The subject property, located a 430 15/16 Side Road West, has a lot area of 4,466 square metres (1.104 acres) and currently supports a single detached dwelling and Development Services July 15, 2021 Report No. DS2021-113 Page 1 of 12 Page 227 of 462 6.g) 7.10 p.m. DS2021-113, Derek Witlib, Manager, Planning Services re: ... accessory buildings. The lands are surrounded to the north, west and east by a large woodland that includes a Provincially Significant Wetland. A rural-residential use is located to the south, directly across the road from the subject lands. Agricultural uses are also located along the south side of the 15/16 Side Road West. A Location Map and an Aerial Photo are included as Schedules 1 and 2 to this report. The applicant is proposing a home occupation within the existing dwelling on the subject lands. The home occupation would provide mental health care, including outpatient therapy, to first responders, helping professionals, and those in high trauma sectors. No intensive, extended, residential or overnight treatment is proposed. The applicants are requesting relief from the following sections of Zoning By-law 97-95, as amended: Section 5.12 (d) & (g) — Home Occupations Required: Proposed: 5.12 (d): Home occupation shall not Home occupation to occupy 45 percent of occupy more than 35 percent of the gross the gross floor area of the dwelling unit. floor area of the dwelling unit. 5.12 (g): Home occupation shall not Home occupation to employ up to four (4) employ more than one (1) employee who employees who are not a resident of the is not a resident of the dwelling unit. dwelling unit. No new structural development or site alteration has been proposed and the applicant's site plan of the subject lands is included as Schedule 3 to this report. Analysis: Provincial Policies Provincial Policy Statement, 2020 The Provincial Policy Statement 2020 (PPS) came into effect on May 1, 2020 to replace the 2014 PPS. The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1.4 — Rural Areas and Section 2.1 — Natural Heritage are applicable to this application. The PPS defines `development' as "the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act..." The Rural Areas section supports healthy, integrated and viable rural areas should be supported by building upon rural character, and leveraging rural amenities and assets. It is discussed later in this report how the proposed home occupation depends on rural amenities and assets, without altering the rural character of the lands or the surrounding area. Development Services July 15, 2021 Report No. DS2021-113 Page 2 of 12 Page 228 of 462 6.g) 7.10 p.m. DS2021-113, Derek Witlib, Manager, Planning Services re: ... Section 2.1, the Province has mapped the Natural Heritage System, but the mapping is not applicable until such time that the upper tier municipality has identified the natural heritage systems in their official plans. This section is relevant due to proximity to a Provincially Significant Wetland (PSW) and Significant Woodlands (identified in the Township Official Plan on Schedule B). As no new structural development or site alteration is proposed by this application, Planning Staff is of the opinion that this application is consistent with the policies of the PPS, as it is associated with an existing, legal residential use on the property and it would have no negative impact upon rural character or natural heritage features. A Place to Grow, Growth Plan for the Greater Golden Horseshoe 2020 A Place to Grow (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the proposed variance to the home occupation provisions of the Township's Zoning By-law are consistent with the Rural Areas policies in the Growth Plan 2020, specifically Section 2.2.9.3(c), as the variances are required to accommodate the home occupation that is described in the applicant's Planning Justification Report as being reliant on the privacy and tranquility afforded by a rural location, would be compatible with the rural landscape and surrounding local land uses, will be sustained by rural service levels and will not adversely affect the protection of agricultural uses. With respect to Section 4.2.2, the Province has mapped the Natural Heritage System, but the mapping is not applicable until such time that the upper tier municipality has identified the natural heritage systems in their official plans. This section is relevant due to proximity to proximity to a Provincially Significant Wetland (PSW) and being within Significant Woodlands (identified on Schedule B of the Township Official Plan). The proposed structure will be more than 120m from the PSW. As the lands currently support a legally existing residential use and there is no new structural development or site alteration proposed by this application, Planning Staff do not believe a Natural Heritage Evaluation (NHE) would be beneficial in the making of a decision on this application or would further any objectives of the Growth Plan, because there would be no impacts on the Natural Heritage System. Based on the above, Planning Staff is of the opinion that this application conforms to A Place to Grow, 2020. Lake Simcoe Protection Plan The subject lands are located within the Lake Simcoe watershed where development is subject to the policies of the Lake Simcoe Protection Plan (LSPP) which came into effect in 2009. Planning Staff have reviewed the applicable policies of the LSPP and are of the opinion that the application is consistent with the natural heritage and hazard Development Services July 15, 2021 Report No. DS2021-113 Page 3 of 12 Page 229 of 462 6.g) 7.10 p.m. DS2021-113, Derek Witlib, Manager, Planning Services re: ... policies of the LSPP, since the application does not propose any development within the meaning of the LSPP. The LSPP defines "development" as: the creation of a new lot, a change in land use, or the construction of buildings and structures, any of which require approval under the Planning Act, the Public Lands Act, the Conservation Authorities Act, or that are subject to the Environmental Assessment Act. This application does not propose new lot creation or the construction of buildings or structures. Notice of this application has been circulated to the Lake Simcoe Region Conservation Authority (LSRCA), and the LSRCA has advised that: • The LSRCA is satisfied from a watershed management perspective that the application is consistent with the natural heritage and hazard policies of the PPS, and in conformity with the LSPP; and • The works will require a permit from LSRCA. Based on the above, the application conforms to the Lake Simcoe Protection Plan. County of Simcoe Official Plan The property is designated Greenlands in the County of Simcoe's Official Plan and Section 3.8.16 of the County Official Plan is applicable to this application. Section 3.8.16 recognizes and permits the continuation of legally existing uses within the Greenlands system. Since this application would not result in any new development or site alteration, it will have no negative impacts on the natural heritage features located with the Greenlands system. Based on the above, Planning Staff is of the opinion that this application conforms to the County Official Plan. As of the preparation of this report, the Township has not received any comments from County Planning Staff regarding this application and the Committee should have regard for any County comments that may be received. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with Provincial Policy Statements and shall conform with or shall not conflict with the Provincial Plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Development Services July 15, 2021 Report No. DS2021-113 Page 4 of 12 Page 230 of 462 6.g) 7.10 p.m. DS2021-113, Derek Witlib, Manager, Planning Services re: ... Do the variances conform to the general intent of the Official Plan? The subject lands are designated Agricultural, Environmental Protection One and Environmental Protection Two in the Township's Official Plan, with the existing dwelling being located within the portion of the lands that is designated Environmental Protection One. The objectives of the Environmental Protection One designation are: • To maintain and enhance the ecological integrity of the natural heritage system. • To minimize the loss or fragmentation of significant wetlands and the habitats and ecological functions they provide. Since the lands already support a legally existing dwelling and no new structures or site alternation are proposed by this application, the integrity of the natural heritage system would be maintained and no loss or fragmentation of wetlands, habitats and ecological functions would occur. Therefore, Planning Staff is of the opinion that this application conforms to the Official Plan. Do the variances conform to the general intent of the Zoning By-law? The subject property is zoned Rural Residential 2 (RUR2) in the Township's Zoning By- law 97-95, as amended. Single detached dwellings and home occupations, including the home occupation are permitted in the RUR2 Zone. A minor variance is not required for the proposed use of the lands (it is already a permitted use), but rather the applicant is seeking relief from two of the performance standards for home occupations. The performance standards for the establishment of home occupations are found in Section 5.12 of Zoning By-law 97-95, which states: 5.12 Home Occupations Where a home occupation is permitted in a Zone, the home occupation: a) shall clearly be a secondary use of the lot; b) shall be conducted entirely within a detached accessory building and/or the main building on the lot; c) shall be conducted by at least one of the residents of a dwelling unit located on the same lot; d) shall not occupy more than 35 percent of the gross floor area of the dwelling unit, if the home occupation is contained in a dwelling unit in the main building on the lot; e) shall not occupy more than 50 percent of the gross floor area of a detached accessory building in the Residential One (R1), Residential Two (R2), Rural Residential One (RUR1), Rural Residential (RUR2), Shoreline Residential (SR) and the Residential Limited Service (RLS) Zones and 100% of a detached accessory building in the Agricultural/Rural (A/RU) Development Services July 15, 2021 Report No. DS2021-113 Page 5 of 12 Page 231 of 462 6.g) 7.10 p.m. DS2021-113, Derek Witlib, Manager, Planning Services re: ... Zone, if the home occupation is contained within a detached accessory building; f) shall not create noise, vibration, fumes, odour, dust, glare or radiation which is evident outside the dwelling unit; g) shall not employ more than one employee who is not a resident of the dwelling unit; h) shall not involve the outdoor storage or outdoor display of materials or finished products; i) shall not involve the repair or maintenance of motor vehicles; j) shall not consist of an occupation that involves the sale of a commodity not produced on the premises, except that telephone or mail order sales of goods is permitted; and, k) shall not require receipt or delivery of merchandise, goods or equipment by other than a passenger motor vehicle or by parcel or letter carrier mail service using motor vehicles typically employed in residential deliveries. Planning Staff have bolded Sections 5.12 (d) and (g) above to indicate the specific provisions from which the applicant is seeking relief to permit a maximum of 45 percent of the gross floor area of a dwelling unit to be used for the home occupation (instead of 35 percent) and to permit a maximum of four (4) employees who are not a resident of the dwelling unit (instead of one employee). The proposed home occupation would comply with the remainder of Section 5.12 and with the permitted uses of the RUR2 Zone. In Planning Staff's opinion the proposed use of 45 percent of the existing dwelling for the home occupation would still ensure that the primary use of the building and the lands remains residential and, since no structural development or site alteration is proposed, the home occupation would not be detectable from the outside, thus maintaining the rural-residential character of the property. With respect to the proposed increased to four employees who are not residents of the dwelling, no additional development or site works are proposed such as the construction of additional employee parking spaces are required, since the lands already possess a relatively long paved driveway and a relatively large paved area surrounding the attached garage. According to the applicant's Planning Justification Report, the paved area is adequate to accommodate the parking needs of employees and clients of the home occupation. The parking area is also set back approximately 37 metres from the road and the front yard is densely treed, providing an effective visual screen and distance buffer to mitigate the visual impacts of additional employees and clients parking on the lands. The nature of the proposed home occupation is not expected to generate traffic of such frequency or volume that might change the existing character and the rhythm of activity in this rural area. For the reasons outlined above, Planning Staff is of the opinion that the requested variances are considered to meet the general intent and purpose of the Zoning By-law. Development Services July 15, 2021 Report No. DS2021-113 Page 6 of 12 Page 232 of 462 6.g) 7.10 p.m. DS2021-113, Derek Witlib, Manager, Planning Services re: ... Are the variances desirable for the appropriate development or use of the land, building or structure? As indicated throughout this report, no new structural development or site alteration is proposed by this application and Planning Staff does not expect the proposed variances to outwardly change the appearance of the property or increase the intensity of the activities associated with the lands in such a way as to affect the use and enjoyment of surrounding properties or detract from the rural character of the area. The Township's Building Division has requested that the applicant submit a septic verification report. This represents due diligence on the part of the Township to ensure the existing septic system is functioning appropriately and has the capacity to support the home occupation, which does not represent a high-volume sewage generator. The lands are adequately sized to accommodate the sewage disposal needs of the home occupation. Based on the above, Planning Staff are satisfied that the proposed development would be considered desirable for the appropriate development or use of the land and the dwelling on it. Is the variance minor? The question of the minor nature of the variance relates to its scale and impact. The home occupation itself is already a permitted use of the lands, so it is only necessary to assess whether or not the variances requested are minor. As discussed in this report, the variances would not outwardly change the rural-residential appearance of the lands or buildings or increase the intensity of the activities associated with the lands in such a way as to detract from the use and enjoyment of surrounding properties. As the proposed variance is considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the variance is considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c.P.13 • Provincial Policy Statement, 2020 • A Place to Grow, 2020 • Lake Simcoe Protection Plan Development Services July 15, 2021 Report No. DS2021-113 Page 7 of 12 Page 233 of 462 6.g) 7.10 p.m. DS2021-113, Derek Witlib, Manager, Planning Services re: ... • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2016, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Balanced Growth - Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Staff are of the opinion that the proposed development will not negatively impact the Township's natural features and attributes and is therefore consistent with the Strategic Plan. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Development Engineering — No Objection to the above noted Application. A grading/drainage plan respective to the parking area proposed may be required. [Planning Staff comment: no new parking area is proposed and therefore a grading/drainage plan is not applicable.] • Township Operations Division — no comments. • Township Building Division - A change of use building permit and septic verification will be required prior to granting occupancy of the proposed use. • Lake Simcoe Region Conservation Authority - LSRCA is satisfied from a watershed management perspective that the application is consistent with the natural heritage and hazard policies of the PPS, and in conformity with the LSPP. The works will require a permit from LSRCA. On this basis, any approval of this application should be subject to the following conditions: 1. The Owner shall obtain a permit for works within the regulated area. Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan (existing development, no changes proposed) Development Services July 15, 2021 Report No. DS2021-113 Page 8 of 12 Page 234 of 462 6.g) 7.10 p.m. DS2021-113, Derek Witlib, Manager, Planning Services re: ... Conclusion: Planning Staff recommends that Minor Variance Application 2021-A-43 be approved, specifically to permit a home occupation occupying a maximum of 45 percent of the gross floor area of a dwelling unit and with a maximum of four (4) employees who are not a resident of the dwelling unit on lands municipally known as 430 15/16 Side Road West, on the basis that the application is consistent with and conforms to Provincial policies and the County and Township Official Plans, meets the four tests of the Planning Act and represents good planning. Respectfully submitted: Derek Witlib, Manager, Planning Services Approvals: Date Andria Leigh, Director, Development Services July 12, 2021 Development Services July 15, 2021 Report No. DS2021-113 Page 9 of 12 Page 235 of 462 '�� ``"" 6.g) 7.10 p.m. DS2021-113, Derek Witlib, Manager, Planning Services re: ' ... I I5��aq -Mrvanstory=0.d. 1025 rasa oa.aR 1p d9C A lad I� S- 678 840 430 1511fi_Sr- iy 801 433 791 633 405 Schedule 1 Location Township of ® Subject Lands Proud Heritage,Exciting Future 0 300 m File Number:2a21-A-43 N Development Services July 15, 2021 Report No. DS2021-113 Page 10 of 12 Page 236 of 462 Y 6.g) 7.10 p.m. DS2021-113, Derek Witlib, Manager, Planning Services re: ... -Moonstonkd� - 4 Hu—,hae•aIllyk _ � y Old•Bar Rid9� N� 4 i' s... Schedule 2 -� ISOMEM Aerial Photo --- Township of ®Subject Lands Proud Heritage,Exciting Future 0 30 m File Number 2021-A-43 N Development Services July 15, 2021 Report No. DS2021-113 Page 11 of 12 Page 237 of 462 6.g) 7.10 p.m. DS2021-113, Derek Witlib, Manager, Planning Services re: ... Schedule 3: Applicant Site Plan it - '. r • ' ;' E Cl 21.2m- Deck Exestmg Patio Garage ±64m' "o Existing .. ti ±7.4m House ` •• � f199m� 8.5m ±15.9m i, Patio 41* N • P OV R . Development Services July 15, 2021 Report No. DS2021-113 Page 12 of 12 Page 238 of 462 6.g) 7.10 p.m. DS2021-113, Derek Witlib, Manager, Planning Services re: ... From: Metras,Justin <jmetras@oro-medonte.ca> Sent: June 24, 2021 3:03 PM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing Development Services Committee Meeting July 15th, 2021 (2021- A-43) 2819593 Ontario Ltd. Operations has no comments on this application Page 239 of 462 6.g) 7.10 p.m. DS2021-113, Derek Witlib, Manager, Planning Services re: ... From: Saunders, David <dsaunders@oro-medonte.ca> Sent:June 25, 2021 9:10 AM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing Development Services Committee Meeting July 15th, 2021 (2021- A-43) 2819593 Ontario Ltd. Development Engineering has No Objection to the above noted Application. A Grading/ Drainage Plan respective to the Parking Area proposed may be required. Traffic Generation on the 15/16 Sideroad should be addressed by Operations/Capital regarding the driveway entrance and site-lines for same. Stay Healthy ! Page 240 of 462 6.g) 7.10 p.m. DS2021-113, Derek Witlib, Manager, Planning Services re: ... July 15, 2021 Development Services Committee 6g) Additional correspondence received Building Division comments are as follows; 1. A change of use building permit and septic verification will be required prior to granting occupancy of the proposed use. Thank you, Garry McCartney Chief Building Official Township of Oro-Medonte Page 241 of 462 6.g) 7.10 p.m. DS2021-113, Derek Witlib, Manager, Planning Services re: ... July 15, 2021 Development Services Committee Lake Sill' coe Region 6g) Additional correspondence received conservation authority www.LSRCA.on.ea Sent by E-mail:akaraiskakis@oro-medonte.ca July 4, 2021 File No: 2021-A-43 IMS File No.: VA-304337-042121 Andy Karaiskakis Secretary-Treasurer Township of Oro-Medonte 148 Line 7 South Oro-Medonte, ON LOL 2EO Dear Mr. Karaiskakis: Re: Minor Variance Application 433 15-16 Sideroad West Township of Oro-Medonte LSRCA staff have reviewed the above-noted Application for Minor Variance to facilitate the construction of an addition to the existing single detached dwelling and a detached accessory building (garage) which is located in the Environmental Protection Zone. Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application: • Applicant's Site Plan Staff has reviewed this application as per our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement(PPS, 2020) and as a regulatory authority under Ontario Regulation 179/06. The application has also been reviewed through our role as a public body under the Planning Act as per our CA Board approved policies. Site Characteristics Existing mapping indicates that the subject property is fully regulated due to the presence of a Provincially Significant Wetland located adjacent to the site (Hawksestone Wetland Complex). • The subject property is currently designated Agricultural and Environmental Protection (1 and 2) in the Township of Oro-Medonte's Official Plan. • The subject property is currently zoned Environmental Protection 120 Bayview Parkway T 905.895.1281 Newmarket, Ontario L3Y 3W3 F 905.853.5881 Member of Conservation Ontario Page 242 o-fl462.800.465.0437 6.g) 7:10 p.m. DS2021-113, Derek Witlib, Manager, PlannilraeMavimlt: ... co ervation authority Page 2 of 3 F..u... Lake Sim Reglon :. ....:_� . ❑ LSRCA W.Lr,rstina Boudnry LSPP Watrr%hed Bwndar� ReljrfaEod W'etlaid • . ran s n N-t - ��w de* ' p Wetland V"Ad}anl.Lands Weelan UNW EvaFueied d W� � t_'Fy E:,•;l J � f� , Lbw Cnrrrs' ♦ 1- Q W&V Ltnev*Atod Wetland .y � i Asaaaerrrari Parcel Lot and Csnces3 — Rraad Labois "M � ,a[. elL nlr� J � !` Ruads .ate r► ,.�. RAOWW, Lowe+Tel M,anul-,alvv m tyre tcVhi�E �1�12D21 r,r..rre e.wwr..wrw.w.wwr • 4 �+�arer.salwe4rewn.,l«aestr .r f Meter• aI 0 41 93 Delegated Responsibility and Statutory Comments: 1. LSRCA has reviewed the application through our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS). The garage and dwelling additions are located away from the vicinity of any hazard lands. The works are within the minimum vegetation protection zone of the adjacent PSW. The PSW is already buffered by Sideroad 15/16 West and should not be impacted by the proposal.The proposal is therefore consistent with the natural hazard and natural heritage policies of the PPS and in conformity with the Lake Simcoe Protection Plan (LSPP). 2. LSRCA has reviewed the application as per our responsibilities as a regulatory authority under Ontario Regulation 179/06. This regulation, made under Section 28 of the Conservation Authorities Act, enables conservation authorities to regulate development in or adjacent to river or stream valleys,Great Lakes and inland lake shorelines, watercourses, hazardous lands and wetlands. Development taking place on these lands may require permission from the conservation authority to confirm that the control of flooding, erosion, dynamic Page 243 of 462 6.g) 7.10 p.m. DS2021-113, Derek Witlib, Manager, Plannilra eMav imp: ... co ervation authority Page 3 of 3 beaches, pollution or the conservation of land are not affected. LSRCA also regulates the alteration to or interference in any way with a watercourse or wetland. The site is within a regulated area and the proposed works will require a permit from LSRCA. Summary LSRCA is satisfied from a watershed management perspective that the application is consistent with the natural heritage and hazard policies of the PPS, and in conformity with the LSPP. The works will require a permit from LSRCA. On this basis, any approval of this application should be subject to the following conditions: 1. The Owner shall obtain a permit for works within the regulated area. Please advise our office of any decision made with regard to this matter. Sincerely, I Shawn Filson Planner 1 Page 244 of 462 6.g) 7:10 p.m. DS2021-113,iU?nEEkW#ftA4a1pW fi tpg&eft ws re: ... 6g) Additional correspondence received July 14, 2021 The Corporation of The Township of Oro Medonte Re: Minor Variance Application 2021-A-43 Dear Sir/Madam, In regards to the Minor Variance Application 2021-A-43, concerned neighbours at 433 15/16 Side Road, Oro Medonte would like to make the following comments: 1. According to Developmental Services Report No. DS2021-113 on page 3 of 12 it states that in the "Growth Plan 2020, specifically Section 2.2.9.3 ( c) in the applicant's Planning and Justification Report as being reliant on the privacy and tranquility afforded by a rural location, would be compatible with the rural landscape and surrounding local land uses,will be sustained by rural service levels and will not adversely affect the protection of agricultural uses.". These lands also have single-family residential homes being their primary use and we believe that the privacy and tranquility of the area would be adversely effected. 2. Township of Oro Medonte Manger of Planning Services has stated in the report with respect to Section 4.2.2 that the proposed structure will be more than 120m from the Provincially Significant Wetlands (PSW), however the PSW is only 21.2m on one side of the home and 8.5m from the other side of the home and the surrounding area outside of the property line is PSW. This could cause run off into the PSW and Environmentally Protected area from the parking area that may need to be expanded. 3. The roadbed of the 15/16 Side Road in the area between Line 5 and Line 7 are in a comprised condition. Large potholes were recently filled in this area, which require frequent maintenance and have been a detriment to local homeowners. Additional traffic in the area would further compromise the road. 4. The driveway of 430 15/16 Side Road is located just over the crest of a hill coming from Line 5 and on a curve in the road and has poor visibility in both directions. Having been the owner at 433 15/16 Side Road for 20 plus years, we have witnessed accidents from people pulling out of these driveways. Increased traffic from the proposed business would present increased safety risks. 5. Hours of operation of the proposed business within a rural/residential area have not been disclosed. According to the website, Frontline Resilience currently offers day and evening appointments.The application states the applicant is proposing to provide mental health care to first responders, helping professionals and those in high trauma sectors. The business website also says that it extends services to spouses and families as well as couples counselling. 6. 4 employees along with the owner/operator would mean potentially 5 clients at a time. This could mean 15 plus cars in the driveway at any given time as people come and go from appointments. We question if the current driveway will provide adequate parking. Parking on the road is not a safe option. Bringing this many transient people into this quiet rural/residential area would have a significate impact on the nature of the area. 7. The rural services in the area does not support additional phone lines or high-speed internet and the internet expansion to the Township of Oro Medonte is not planned for this area. Page 245 of 462 6.g) 7.10 p.m. DS2021-113, Derek Witlib, Manager, Planning Services re: ... In summary, if the township were to approve this application, the home would essentially be changed to a commercial space with living quarters based on the amount of square footage being used for the business, number of staff and number of clients potentially served. Thank you for considering our concerns about the above noted application. Sincerely, Peter and Crystal Rosewell 433 15/16 Side Road Oro Medonte, ON LOL 2EO Page 246 of 462 6.g) 7.10 p.m. DS2021-113, Derek Witlib, Manager, Planning Services re: ... July 15, 2021 Development Services Committee 6g) Additional correspondence received Hi Planning Depart Re: Application 2021-A-43 Subject lands 430 15/16th Side Rd west Hearing Concerns for July 15th 2021 Our concerns as home owners directly near the subject lands. 1) This business should be planned to be in a already existing zoning for its purpose, not altering the zoning bylaw or requesting a minor variance to the By-law of this subject property which would be in a residential & agricultural / Rural area for Oro. It doesn't belong in this zoning. We don't wish to be living near a commercial business. 2) We personally don't have a issue with the subject business per say , we do have a issue with that amount of suggested employees & size % of the home to be utilize for the business in this rural area. 3) we don't wish to set a precedents for other business to request this in our rural area 4) my other question is since the subject property has been sold a few times in the past few years . Would this minor variance run with the land or be terminated upon a future sale of this subject property? 5) is the township going to monitor this business and be sure it's not having more employees then suggested in this application? Thank you for taking the time to note our concerns at the public meeting dated for July 15th 2021 Please acknowledge receipt of email & please keep us posted on status of hearing. With thanks for your time. Regards, Lloyd & Maria Squire Page 247 of 462 6.g) 7.10 .m. 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W `d p I, ? p Oti ca 4-0 U •� 0— , U F� - O� C� 00Cu :, f � k M L— '�t O � r n N F U z Page 253 of 462 6.g) 7.10 p.m. DS2021-113, Derek Witlib, Manager, Planning Services re: ... 4) IBM 0. w _ o U a� • ca w ca U [TLO' Cu 00 Cu N > Ce) 0MOW O N � 0) W 0) W Page 254 of 462 6.g) 7.10 p.m. DS2021-113, Derek Witlib, Manager, Planning Services re: ... AAA o }j c 4 a) - 0) � � O � J O O Cu 0- 0 M .. W C) Cu N Cui > CY) Cu O LU Wn o }` J e. Page 255 of 462 6.g) 7.10 p.m. DS2021-113, Derek Witlib, Manager, Planning Services re: ... 1Y C w O - U U Ya = � — 0 Cu C64-0 CL p w C Q M ^ t C) Tu 00 N . Cua� CM t.. t 'cV 4--0 CD Z M, O J 70 70 Page 256 of 462 6.g) 7.10 p.m. DS2021-113, Derek Witlib, Manager, Planning Services re: ... X 1 o a) c M � O o E >, a) ' +� — o � c O _ � � tea, O Q �' 0 � '> C � U .CID CU C6 0) osz � � F -0a) L U +� L) _jO -0o ._ °6 d. � > 4= N cn 70 Q O N O Q � ) � 0) V � � Q CM _ N Q cn cn E O CO U � � O CD vJ O O L U L O7 •� 00 � o N c a) U C6 N O � L) � � O L L C I - CO O > a) +� C U a) CO -0 C6 U Q Q L '� O O N O Q N C � Q 0 .., 2 �, . O a) z� O C > Q c6 Co= � O N Q = � � � o Q � � � � � c6 O � � O O Q C- M Cam -aa- V o ( CO L5 _0 0 ca a� E E 0 a� Page 257 of 462 6.i) 7.30 p.m. DS2021-105, Catherine McLean, Intermediate Planner re: Mi... Township of Report Proud Heritage, Exciting Future Report No. To: Prepared By: DS2021-105 Development Services Danielle Waters, Committee Planner Meeting Date: Subject: Motion # July 15, 2021 Minor Variance Application 2021-A-45 Roll #: Brandyn Dorner R.M.S. File #: 4346-010-003-27434 17 Cherry Trail D13-59660 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-105 be received and adopted. 2. That Minor Variance Application 2021-A-45 by Brandyn Dorner, specifically for permission to permit a detached accessory building with an increase in height to 5.3 metres (17.3 feet), increase in floor area to 112.9 square metres (1 ,215.3 square feet), and reduced interior side yard setback to 1 .8 metres (6.0 feet) on the lands municipally known as 17 Cherry Trail, Township of Oro-Medonte, be approved, subject to the conditions as outlined in Report DS2021-105. 3. The conditions are as follows: a. That notwithstanding Section 5.1.4 Maximum Height, Section 5.1.3 d) — Interior side yard setback, and Section 5.1.6 — Maximum floor area of Zoning By-law 97-95, the proposed detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b. That the proposed structure is not to be used for human habitation; c. That the proposed structure be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; d. That an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing or by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the detached accessory building is located no closer than 1 .8 metres (6.0 feet) from the interior lot line. e. That this Decision 2021-A-45 supersedes and renders null and void previous Decisions 2013-A-25 and 2017-A-19 pertaining to these same lands. f. That the appropriate Zoning Certificate, Engineered Lot Grading Plan and Building Permit be obtained from the Township only after the Committee's Development Services July 15, 2021 Report No. DS2021-105 Page 1 of 11 Page 258 of 462 6.i) 7.30 p.m. DS2021-105, Catherine McLean, Intermediate Planner re. Mi... decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The subject property has a lot area of 0.23 hectares (0.57 acres) and is currently used as a residential lot, as shown on Schedules 1 and 2. The property currently supports a single detached dwelling with an attached garage having an area of 181.9 sq. m. (1,958 sq. ft.). The applicant is proposing to construct a new detached accessory building. The applicant is requesting relief from the following section of Zoning By-law 97-95, as amended: 5.1 .3 d — Interior side yard setback Permitted. Proposed: 2.0 metres 6.5 feet 1 .8 metres 6.0 feet 5.1 .4 — Maximum height Permitted. Proposed: 4.5 metres 14.7 feet 5.3 metres 17.3 feet 5.1.6 — Maximum floor area Required. Proposed. 70.0 square metres 753.5 square feet 112.9 square metres 1 ,215.3 square feet The applicant's site plan and elevation drawings are included as Schedules 3 and 4 to this report. The subject lands were previously the subject of Minor Variance Applications 2013-A-25 and 2017-A-19. Application 2013-A-25 proposed a detached accessory building with an increased floor area of 117 square metres (1259.4 square feet) and was deferred by the Township's former Committee of Adjustment. Application 2017-A-19 was approved to permit a detached accessory building with an increased floor are of 99.77 sq. metres (1,074 sq. ft.) and an increased height of 5.36 metres (17.6 feet). In the event that the Development Services Committee chooses to approve the current Minor Variance Application 2021-A-45, the previous decisions would be superseded and those files closed. Analysis: Provincial Policies Provincial Policy Statement, 2020 Development Services July 15, 2021 Report No. DS2021-105 Page 2 of 11 Page 259 of 462 6.i) 7.30 p.m. DS2021-105, Catherine McLean, Intermediate Planner re. Mi... The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1.1 .3 — Settlement Areas are applicable to this application. The PPS defines `development' as "the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act..." The Settlement Areas section supports residential development and intensification within these boundaries; the applicant is proposing construction of a new detached accessory building that would be permitted by these policies. Planning Staff is of the opinion that this application is consistent with the policies of the PPS, as it is associated with a residential development/use on the property. A Place to Grow, 2020 A Place to Grow (2020) provides a long-term plan to manage growth and protect the natural environment. The subject application has been reviewed by planning staff with respect to the Places to Grow policies. Section 2.2.1 of the Growth Plan contains policies for "Managing Growth", and states that "Population and employment growth will be accommodated by — a) directing a significant portion of new growth to the built-up areas of the community through intensification ... [and] 1) directing development to settlement areas ...... Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the proposed structure conforms to the Rural Areas policies in the Growth Plan 2020 as the lands subject to this application is a residential lot within a rural settlement area (Sugarbush). Planning Staff is of the opinion that this application for a new detached accessory building conforms to A Place to Grow, 2020. County of Simcoe Official Plan The property is designated Settlements in the County of Simcoe's Official Plan. The intent of the Settlements designation is to "focus population and employment growth and development within settlements, and minimize land consumption and servicing costs" (County of Simcoe, 2016). In Planning Staff's opinion, the proposed detached accessory building is consistent with the County's Official Plan as it is accessory to the existing permitted residential use. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with Provincial Policy Development Services July 15, 2021 Report No. DS2021-105 Page 3 of 11 Page 260 of 462 6.i) 7.30 p.m. DS2021-105, Catherine McLean, Intermediate Planner re. Mi... Statements and shall conform with or shall not conflict with the Provincial Plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent of the Official Plan? The subject land is located in the Rural Settlement Area of Sugarbush. Pursuant to the policies of the Plan, permitted uses within this designation include dwellings and accessory uses. The proposed residential construction is a permitted use and its construction will be in keeping with the existing residential character of the neighbourhood. Therefore, based on the above, the requested variances pertaining to this application are considered to conform to the general intent and purpose of the Official Plan. Do the variances conform to the general intent of the Zoning By-law? The subject property is zoned Residential One (R1) in the Township's Zoning By-law 97-95, as amended. Detached accessory buildings are permitted in the R1 Zone. The primary purpose of interior side yard setbacks is to provide spatial separation between residential properties, as well as provide space for access, maintenance and drainage around buildings and structures. Planning Staff believe that the proposed setback will provide adequate spacing between the property line and the detached structure. The general intent of the Zoning By-law in requiring the maximum height and floor area requirements is to ensure that an accessory building will continue to be secondary and subordinate to the primary use of the property as residential. The proposed detached accessory building will be smaller in size (floor area) and height than the existing dwelling. The proposed accessory building will be located more than 34 metres from the front lot line. Upon site inspection, it was confirmed that there is mature vegetation located along the north lot line that would partially screen the building from the street and neighbouring properties. Based on the combination of the proposed accessory building remaining smaller than the dwelling, a significantly large proposed setback from the street and the mature vegetation existing on the property that the proposed accessory building would therefore continue to appear secondary and subordinate to the residential use of the property. For the reasons outlined above, Planning Staff is of the opinion that the requested variances are considered to meet the general intent and purpose of the Zoning By-law. Development Services July 15, 2021 Report No. DS2021-105 Page 4 of 11 Page 261 of 462 6.i) 7.30 p.m. DS2021-105, Catherine McLean, Intermediate Planner re. Mi... Are the variances appropriate for the desirable development of the lot? Planning Staff does not expect the proposed structure to stand-out, look out of place or detract from the character of this established neighbourhood. Upon site visit, Staff noted that the proposed building would be partially visible from the neighbouring properties, but that the existing mature vegetation along the north interior lot line and substantial setback of 34 metres from the front lot line would effectively buffer the presence of the building. The south interior lot line does not have any vegetation to buffer the view from the neighbours, however, a letter of support from this neighbour has been submitted. The proposed structure will be in keeping with the residential character of the neighbourhood. Three letters of support have been received, including support from the neighbouring property of the reduced interior lot line setback. Section 5.1.1 of the Zoning By-law states that no detached accessory building shall be used for human habitation, therefore Planning Staff recommend that as a condition of the minor variance, the proposed detached accessory building is restricted to storage use only (noted as Condition 3(b)). The proposed structure will not interfere with functional matters such as parking and the septic system. Based on the above, Planning Staff are satisfied that the proposed development would be considered desirable for the appropriate development of the lot. Are the variances minor? The question of the minor nature of the variance relates to its scale and impact. The structure is not anticipated to have an adverse impact on the neighbourhood as it will appear to be secondary from the road, be well set back into the property, mature vegetation will soften the appearance of the building from neighbouring properties and is smaller in height/floor area than the existing dwelling. In Planning Staff's opinion, the requested Minor Variance is minor in nature. As the proposed variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the variance is considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: Development Services July 15, 2021 Report No. DS2021-105 Page 5 of 11 Page 262 of 462 6.i) 7.30 p.m. DS2021-105, Catherine McLean, Intermediate Planner re. Mi... • Planning Act, R.S.O. 1990, c.P.13 • Provincial Policy Statement, 2020 • A Place to Grow, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2016, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Balanced Growth - Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Staff are of the opinion that the proposed development will not negatively impact the Township's natural features and attributes and is therefore consistent with the Strategic Plan. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Development Engineering — no objections, Engineered Lot Grading required • Township Infrastructure and Capital Projects — no objections • Public — 3 letters advising of no objection Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Applicant's Elevation Plan Conclusion: Planning Staff recommends that Minor Variance Application 2021-A-45 be approved, specifically to permit a detached accessory building with an increase in height to 5.3 metres (17.3 feet), increase in floor area to 112.9 square metres (1,215.3 square feet), and reduced interior side yard setback to 1 .8 metres (6.0 feet) on the lands municipally known as 17 Cherry Trail on the basis that the application is consistent with and Development Services July 15, 2021 Report No. DS2021-105 Page 6 of 11 Page 263 of 462 6.i) 7.30 p.m. DS2021-105, Catherine McLean, Intermediate Planner re. Mi... conforms to Provincial policies and plans and the County and Township Official Plans and meets the four tests of the Planning Act. Respectfully submitted: Danielle Waters, Planner Approvals: Date Derek Witlib, Manager, Planning Services July 9, 2021 Andria Leigh, Director, Development Services July 9, 2021 Development Services July 15, 2021 Report No. DS2021-105 Page 7 of 11 Page 264 of 462 6.i) 7.30 p.m. DS2021-105, Catherine McLean, Intermediate Planner re. Mi... Schedule 1: Location map vrserxa. 3345 3343 3353 xnnea�•vs III Rd.' J� 1 3 n r 5 .6m9 V 7 $ 9 -�-�3332 11 3330 10 12 13 3328 r 14 15 973 3326 C? Z d 16 7 t 3324 J 18 19 3322 20 21 22 23 3320 24 25 26 27 3314 5ugarbush Rd LL 3 5 7 9 12 4 6 8 10 11 2 1 14 Schedule 1 Location --4 luwnship of Subject Lands Proud Heritage,Exciting Future 0 100 M File Number:2021-A-45 N I i i I Development Services July 15, 2021 Report No. DS2021-105 Page 8 of 11 Page 265 of 462 6.i) 7.30 p.m. DS2021-105, Catherine McLean, Intermediate Planner re. Mi... Schedule 2: Aerial Photo �vrserad. ane[an•0.d. H.—N -VOW U- M. C PC d � d Schedule 2 Aerial Photo �� luwnship of %1�1 Subject Lands �� Proud Heritage,Exciting Future Q 3Q IYI File Number:2021-A-45 N Ili lI Development Services July 15, 2021 Report No. DS2021-105 Page 9 of 11 Page 266 of 462 6.i) 7.30 p.m. DS2021-105, Catherine McLean, Intermediate Planner re. Mi... Schedule 3: Applicant Site Plan M153"� y\tstil G0E11 ?�op�R�i eFitiSJ� ARAGE AREA02153SSO FT. J ®Q�°p�¢a�.s \ � EXIST.DRPJEWAY 1 SITE LAYOUT Schedule 3 Site Plan kr Taumsp of I�jv�. .�cc�o�,te File Number 2021-A-45 Proved HeritnAe,Exn:2ittQ Furaere Development Services July 15, 2021 Report No. DS2021-105 Page 10 of 11 Page 267 of 462 6.i) 7.30 p.m. DS2021-105, Catherine McLean, Intermediate Planner re. Mi... Schedule 4: Applicant Elevation Plan £4 �srEFa ou o. i . oR,.EEWanon Schedule 4 Elevations File Number 2021-A-45 Proud HeritnRe,Excraia,Q Future Development Services July 15, 2021 Report No. DS2021-105 Page 11 of 11 Page 268 of 462 6.i) 7.30 p.m. DS2021-105, Catherine McLean, Intermediate Planner re: Mi... June 10, 2021 Township of Oro-Medonte Building Division 148 Line 5 South Oro-Medonte ON L0L2 EO To Whom it May Concern We are writing this letter regarding the variance application submitted by Brandyn Dorner of 17 I Cherry Trail. We are the neighbour to the south by 2 houses of the subject property and about the side lot variance proposal. We have reviewed the Dorners proposal the particulars and sketches of the accessory building, and have no objection to the variance request. I Sincerely Chris Bergsma 21 Cherry Trail Coldwater ON LOK1 EO Page 269 of 462 6.i) 7.30 p.m. DS2021-105, Catherine McLean, Intermediate Planner re: Mi... June 10, 2021 Township of Oro-Medonte Building Division 148 Line 5 South Oro-Medonte ON LO L2 EO To Whom it May Concern We are writing this letter regarding the variance application submitted by Brandyn Dorner of 17 Cherry Trail. We are the neighbours directly across the road of the subject property and about the side lot variance proposal. We have reviewed the Dorners proposal the particulars and sketches of the ac essory building, and have no objection to the variance request. Sincerely Patty Larmer 16 Cherry Trail Coldwater ON LOK1 EO Page 270 of 462 6.i) 7.30 p.m. DS2021-105, Catherine McLean, Intermediate Planner re: Mi... June 10, 2021 Township of Oro-Medonte Building Division 148 Line 5 South Oro-Medonte ON LO L2 EO To Whom it May Concern We are writing this letter regarding the variance application submitted by Brandyn Dorner of 17 Cherry Trail. We are the neighbours (lot 74) directly to the south of the subject property and about the side lot variance proposal. We have reviewed the Dorners proposal the particulars and sketches of the accessory building, and have no objection to the variance request. Sincerely Rick and Peggy Graziano y�1 19 Cher Trailiy , Coldwater ON LOK1 EO Page 271 of 462 6.i) 7.30 p.m. DS2021-105, Catherine McLean, Intermediate Planner re. Mi... From: Saunders,David To: Ceretti,Kendra;Planning Subject: RE: Notice of Public Hearing Development Services Committee Meeting July 15th,2021(2021-A-45)Dorner Date: June 22,2021 1:08:50 PM Kendra Development Engineering has No Objection to the above noted Application. An Engineered Lot Grading Plan (ELG) shall be required at the time of Building Permit Application. Stay Healthy Dave David Saunders Manager, Development Engineering Township of Oro-Medonte Page 272 of 462 6.i) 7.30 p.m. DS2021-105, Catherine McLean, Intermediate Planner re. Mi... From: Metras,Justin <jmetras@oro-medonte.ca> Sent: June 22, 2021 1:38 PM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing Development Services Committee Meeting July 15th, 2021 (2021- A-45) Dorner Operations has no comments on this application. Page 273 of 462 6.i) 7.30 p.m. DS2021-105, Catherine McLean, Intermediate Planner re. Mi... ?c IV m � � � EA N V,,VV l V,1 H 1V r_ 'N g au11 >>_ y C O W J Ln CU C ' r > N L- O O (N — •Cu 4-0 a) I U a) a) ca v� � a o • • }' N O t� Page 274 of 462 6.i) 7.30 p.m. DS2021-105, Catherine McLean, Intermediate Planner re: Mi... 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File #: 4346-010-001-12618 16 Northwood Court D13- Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2021-106 be received and adopted. 2. That Minor Variance Application 2021-A-46 by Derek McCurdy, specifically for permission to permit a detached accessory building within the front yard and to permit an addition (gazebo) to be located 19.0 metres (62.3 feet) from the top of bank of a watercourse, on the lands municipally known as 16 Northwood Court, Township of Oro-Medonte, be approved, subject to the conditions as outlined in Report DS2021-106. 3. The conditions are as follows: a. That notwithstanding Section 5.1.3 a) — location in front yard of Zoning By- law 97-95, the proposed detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; b. That the proposed structure is not to be used for human habitation, commercial purposes or for a home industry; c. That the proposed structures be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; d. That an Ontario Land Surveyor (OLS), Professional Engineer (P.Eng.) or Certified Engineering Technologist (C.E.T.) verify by pinning the foundation wall and verifying in writing or by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the detached accessory building is located no closer than 10.0 metres (32.8 feet) from the front lot line; e. That the appropriate Zoning Certificate, Nottawasaga Valley Conservation Authority Approval and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Development Services July 15, 2021 Report No. DS2021-106 Page 1 of 11 Page 284 of 462 6J) 7.40 p.m. DS2021-106, Danielle Waters, Planner re: Minor Variance A... 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The subject property has a lot area of 0.4 hectares (0.99 acres) and is currently used as a residential lot, as shown on Schedules 1 and 2. The property currently supports a single detached dwelling. The applicant is proposing to construct a new detached accessory building and addition (gazebo) to an existing dwelling. The applicant is requesting relief from the following sections of Zoning By-law 97-95, as amended: Detached Accessory Building/Carport Section 5.1 .3 a) — location in front yard Permitted. Proposed: Not permitted in front yard Within front yard, to be setback 10.0 metres 32.8 feet from front lot line Addition/Gazebo Section 5.32 — Setback from Water Courses Permitted: Proposed: no building, or structure shall be located within 30.0 metres (98.4 feet) of the top 19.0 metres (62.3 feet) of bank of any watercourse A site visit was made on June 24, 2021 by David Saunders, Manager of Development Engineering to observe and analyze natural and artificial features on the subject property. During this site visit, observations have been made that the watercourse is not located within the lot for which the application is being made. There is infrastructure located to direct the flow to a seasonal holding pond adjacent to the lot. Catch basins and piped flow account for the direction / retention and outlet from the seasonal pond (NVCA controlled lands) outside of the lot. Through this observation, the watercourse is no longer in a fully natural condition. Nevertheless, it is Planning Staff's opinion that Section 5.32 of the Zoning By-law remains applicable and the variance must be reviewed. The applicant's site plan and elevation drawings are included as Schedules 3 and 4 to this report. Analysis: Provincial Policies Provincial Policy Statement, 2020 Development Services July 15, 2021 Report No. DS2021-106 Page 2 of 11 Page 285 of 462 6J) 7.40 p.m. DS2021-106, Danielle Waters, Planner re: Minor Variance A... The Provincial Policy Statement 2020 (PPS) came into effect on May 1, 2020 to replace the 2014 PPS. The Provincial Policy Statement (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1.4 — Rural Areas are applicable to this application, Section 2.1 — Natural Heritage, Section 2.2 — Water and Section 3.1 — Natural Hazards are applicable to this application. The PPS defines `development' as "the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act..." The Rural Areas section supports limited residential development as well as development that is compatible with and builds upon the rural landscape. Section 2.1 , the Province has mapped the Natural Heritage System, but the mapping is not applicable until such time that the upper tier municipality has identified the natural heritage systems in their official plans. This section is relevant due to proximity to a watercourse. Section 2.2 —Water aims to "protect, improve or restore the quality and quantity of water". Planning staff are confident that the required permit by Nottawasaga Valley Conservation Authority (NVCA) will take all necessary precautions to protect the environment. The subject lands are located within a registered plan of subdivision (Plan M633), the design of which has been subject to an engineering design, including alterations to the watercourse running through the subdivision. On this basis, Planning Staff are satisfied that there little or no flood hazard risk associated with the requested reduction in the setback from the watercourse in order to accommodate the proposed gazebo addition. However, the Committee should have regard to any comments that may be received from the NVCA, since the subject lands are located with a NVCA regulated area. Planning Staff is of the opinion that this application is consistent with the policies of the PPS, as it is associated with a residential development/use on the property permitted by the policies. A Place to Grow, Growth Plan for the Greater Golden Horseshoe 2020 A Place to Grow (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the proposed detached accessory building (garage) is consistent with the Rural Areas policies in the Growth Plan 2020 as the lands subject to this application are already an established residential area. Development Services July 15, 2021 Report No. DS2021-106 Page 3 of 11 Page 286 of 462 6J) 7.40 p.m. DS2021-106, Danielle Waters, Planner re: Minor Variance A... With respect to Section 4.2.2, the Province has mapped the Natural Heritage System, but the mapping is not applicable until such time that the upper tier municipality has identified the natural heritage systems in their official plans. However, this policy is relevant due to the proximity to a watercourse. The subject lands are not located within any natural heritage designations identified in the Township's Official Plans. Planning Staff is of the opinion that this application conforms to A Place to Grow, 2020 as the subject land is already developed for residential purposes. County of Simcoe Official Plan The property is designated Rural and Greenlands in the County of Simcoe's Official Plan. The proposed construction will take place within the Rural designation of the property. The intent of the Rural designation is to "recognize, preserve and protect the rural character and promote long-term diversity and viability of rural economic activities" (County of Simcoe, 2016). Section 3.7.4 permits limited residential development in the rural designation. In Planning Staff's opinion, the application conforms to the County's Official Plan as the construction of a detached accessory building to a residential dwelling is a permitted use on the subject lands. Planning Act, R.S.O. 1990, c. P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with Provincial Policy Statements and shall conform with or shall not conflict with the Provincial Plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed this application against these four tests as follows: Do the variances conform to the general intent of the Official Plan? The subject lands are designated Rural Residential in the Township's Official Plan. Pursuant to the policies of the Plan, permitted uses within this designation are single detached dwellings and by extension accessory uses to the residential use. Development Services July 15, 2021 Report No. DS2021-106 Page 4 of 11 Page 287 of 462 6J) 7.40 p.m. DS2021-106, Danielle Waters, Planner re: Minor Variance A... Therefore, based on the above, the requested variance pertaining to the construction of an accessory building is considered to conform to the general intent and purpose of the Official Plan. Do the variances conform to the general intent of the Zoning By-law? The subject property is zoned Rural Residential One (RUR1) in the Township's Zoning By-law 97-95, as amended. Single detached dwellings are permitted in the RUR1 Zone and the proposed detached accessory building would be accessory to this permitted use. The general intent of the Zoning By-law in not permitting a detached accessory building in the front yard is to ensure that the building will continue to be secondary and subordinate to the primary use of the property as residential. The proposed detached accessory building will be smaller in size (floor area) and height than the existing dwelling. Upon site inspection, it was confirmed that there is mature vegetation located along the lot lines and within the property that would help screen the building from the street and neighbours. The subject lands are located within a registered plan of subdivision (Plan M633), the design of which has been subject to an engineering design, including alterations to the watercourse running through the subdivision. A site visit was made on June 24, 2021 by David Saunders, Manager of Development Engineering to observe and analyze natural and artificial features on the subject property. During this site visit, observations have been made that the watercourse is not located within the lot for which the application is being made. There is infrastructure located to direct the flow to a seasonal holding pond adjacent to the lot. Catch basins and piped flow account for the direction / retention and outlet from the seasonal pond (NVCA controlled lands) outside of the lot. On this basis, Planning Staff are satisfied that there little or no flood hazard risk associated with the requested reduction in the setback from the watercourse in order to accommodate the proposed gazebo addition. However, the Committee should have regard to any comments that may be received from the NVCA, since the subject lands are located with a NVCA regulated area. For the reasons outlined above, Planning Staff is of the opinion that the requested variances are considered to meet the general intent and purpose of the Zoning By-law. Are the variances appropriate for the desirable development of the lot? Planning Staff does not expect the proposed detached accessory building to stand-out, look out of place or detract from the character of this established neighbourhood. Upon site visit, Staff noted that the existing mature vegetation along the interior/front lot lines would effectively buffer the presence of the building. The proposed detached accessory building will be in keeping with the character of the neighbourhood as several surrounding properties have detached buildings and the proposed addition at the rear of dwelling will not be visible from the street and will have no impact on the neighbourhood. Section 5.1.1 of the Zoning By-law states that no detached accessory building shall be used for human habitation, therefore Planning Staff recommend that as a condition of the Development Services July 15, 2021 Report No. DS2021-106 Page 5 of 11 Page 288 of 462 6.j) 7.40 p.m. DS2021-106, Danielle Waters, Planner re: Minor Variance A... minor variance, the proposed detached accessory building is restricted to storage use only (noted as Condition 3(b)). The proposed structures will not interfere with functional matters such as parking and the septic system. Based on the above, Planning Staff are satisfied that the proposed development would be considered desirable for the appropriate development of the lot. Are the variances minor? The question of the minor nature of the variance relates to its scale and impact. The structures are not anticipated to have an adverse impact on the neighbourhood as it will appear to be secondary from the road and some mature vegetation will soften the appearance of the building from neighbouring properties and Northwood Court. The proposed accessory building is smaller in height and floor area than the existing dwelling. In Planning Staff's opinion, the requested Minor Variance is minor in nature. As the proposed variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot, and is not anticipated to have an adverse effect on the character of the surrounding area, the variance is considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c.P.13 • Provincial Policy Statement, 2020 • A Place to Grow, 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2016, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Balanced Growth - Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Development Services July 15, 2021 Report No. DS2021-106 Page 6 of 11 Page 289 of 462 6J) 7.40 p.m. DS2021-106, Danielle Waters, Planner re: Minor Variance A... Staff are of the opinion that the proposed development will not negatively impact the Township's natural features and attributes and is therefore consistent with the Strategic Plan. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Development Engineering — no objections, site visit noted that the water course has been channelized through development of the subdivision. • Township Infrastructure and Capital Projects — no objections Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Site Plan Schedule 4: Applicant's Elevation Plan Conclusion: Planning Staff recommends that Minor Variance Application 2021-A-46 be approved, specifically to permit a detached accessory building in the front yard and an addition/gazebo with a reduced setback to watercourse on the lands municipally known as 16 Northwood Court on the basis that the application is consistent with and conforms to Provincial policies and plans and the County and Township Official Plans and meets the four tests of the Planning Act. Respectfully submitted: Danielle Waters, Planner Approvals: Date Derek Witlib, Manager, Planning Services July 9, 2021 Andria Leigh, Director, Development Services July 9, 2021 Development Services July 15, 2021 Report No. DS2021-106 Page 7 of 11 Page 290 of 462 6J) 7.40 p.m. DS2021-106, Danielle Waters, Planner re- Minor Variance A... Schedule 1: Location map v""y'� 3015 weneawLIM I,Ra i � am.a IT�e.aa.� 1�iidg�lad V- 2961 18 14 14 12 16 24F22 20 10 Northwood Ct. 25 7 8 27 25 23 21 19 23 5 6 18 Q 21 3 4 2 C Q 16 19 1 2 17 Schedule 1 Location '1 awash i1�of Subject Lands 0fY�,� ` Proud Heritage,Exciting Future 0 100 M File Number:2021-A-46 '� I i i i Development Services July 15, 2021 Report No. DS2021-106 Page 8 of 11 Page 291 of 462 6J) 7.40 p.m. DS2021-106, Danielle Waters, Planner re- Minor Variance A... Schedule 2: Aerial Photo �vrserad. ane[an•0.d. xgn,eae�P•vnne xd. a. c S- �� salad V Northwood Ct..-I s c io 0 z Schedule 2 Aerial Photo �� Subject Lands Proud Heritage,Exciting Future o sa m File Number:2021-A-46 N I Development Services July 15, 2021 Report No. DS2021-106 Page 9 of 11 Page 292 of 462 6.j) 7.40 p.m. DS2021-106, Danielle Waters, Planner re: Minor Variance A... Schedule 3: Applicant Site Plan proposud urKovergd deck MV recviretl for 12.9 tlls[an¢e m sreNt 1 gazeW mat axisYing f .K1 tack 12,12' f p � L r� 9�>LY IC, -n J r p�opo9etl Ga�pori r3 ��"(,� f / 1 wlm ham2x16' ff /6 .nl c �-O r, 2 L O f Schedule 3 � Site Plan 0 T h' f�ea/o�te Ff le N u m be r 2021-A-46 Proud Heritage,Exrlaia�q Future Development Services July 15, 2021 Report No. DS2021-106 Page 10 of 11 Page 293 of 462 6j) 7-40 p.m. DS2021-106, Danielle Waters, Planner re- Minor Variance A Schedule 4: Applicant Elevation Plan 2 12' Peak of Timber rrame 12 8 CO Bottom Gfcollar Tie III II a x Top ofPlate x 8x 10-14 07. 1 4, ca x x cG Bottom of Poi ' N" Right Elevation SCALE, 318 =1-0' Schedule 4 Elevation Drawing File Number 2021-A-46 Proud Heritage,Fxciih,Q Future Development Services July 15, 2021 Report No. DS2021-106 Page 11 of 11 Page 294 of 462 6J) 7.40 p.m. DS2021-106, Danielle Waters, Planner re: Minor Variance A... From: Metras,Justin <jmetras@oro-medonte.ca> Sent: June 22, 2021 1:41 PM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing Development Services Committee Meeting July 15th, 2021 (2021- A-46) McCurdy Operations has no comments on this application. Page 295 of 462 6J) 7.40 p.m. DS2021-106, Danielle Waters, Planner re: Minor Variance A... From: Saunders, David <dsaunders@oro-medonte.ca> Sent:June 25, 2021 8:47 AM To: Planning<Planning@oro-medonte.ca> Cc:Waters, Danielle<dwaters@oro-medonte.ca> Subject: RE: Notice of Public Hearing Development Services Committee Meeting July 15th, 2021 (2021- A-46) McCurdy Development Engineering has No Objection to the above noted Application. A Site Visit was made on June 24, 2021 and the stream is not located within the Lot for which the Application is being made. There is infrastructure located to direct the flow to a seasonal holding pond adjacent to the Lot and catch basins and piped flow account for the direction/ retention and outlet from the seasonal pond (NVCA controlled lands) outside of the Lot for which the Application is made. Regards Page 296 of 462 6J) 7.40 p.m. DS2021-106, Danielle Waters, Planner re: Minor Variance A... July 15, 2021 Development Services Committee From:Amy Knapp <aknapp@nvca.on.ca> 6j) Additional correspondence received Sent:July 12, 2021 1:23 PM To: Karaiskakis, Andy<aKaraiskakis@oro-medonte.ca> Cc: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: NVCA Committee of Adjustment Comments. Good Afternoon Andy, The Nottawasaga Valley Conservation Authority (NVCA) has reviewed the planning applications contained within this email and can offer the following for consideration: Minor Variance — 2021-A-46— 16 Northwood Court The Nottawasaga Valley Conservation Authority (N(VCA) is in receipt of a minor variance application to permit the construction a detached accessory building within the front yard and an addition to a single detached dwelling as described below: Detached Accessory Building/Carport Section 5.1.3 a) - location in front yard Permitted: Not permitted in front yard Proposed: Within front yard & setback 10.0 metres (32.8 feet) from front lot line Addition/Gazebo Section 5.32 - Setback from Water Courses Permitted: no building, or structure shall be located within 30.0 metres (98.4 feet) of the top of bank of any watercourse. Proposed: 19.0 metres (62.3 feet) The property is entirely regulated by the NVCA for slope erosion hazards associated with a watercourse (Matheson Creek). A permit will be required pursuant to Ontario Regulation 172/06 (the Authority's Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation) and will be subject to the NVCA minor addition policy and thus limits the sizes of proposed additions and rebuilds to an additional 50%. At this point in time, there is insufficient information to confirm if the proposal complies with the NVCA's Minor Addition Polciy which may impact requested the setbacks. Based on the plans submitted and circulated by the Township, there also appears to be an error with the scale of the site plan drawing indicating the proposed location of the new structures/addition relative to the existing lot lines. From this drawing it is not possible for NVCA staff to determine the location of the proposed development in relation to the watercourse (not plotted). NVCA staff will also require a scaled drawing of the proposal with the watercourse plotted. Based on the above NVCA staff do not support approval of this application and recommends the application be deferred until such time as the applicant can demonstrate that the proposal complies with the minor addition policy provision through the submission of a revised site plan with the information outlined above and reviewed by engineering technical staff. Page 297 of 462 6.j) 7.40 p.m. DS2021-106, Danielle Waters, Planner re: Minor Variance A... When the application is circulated to technical staff for review, engineering may require additional studies/reports to support the work and to confirm that the location of the proposed works are on stable slopes and not aggravate the slope erosion hazard. Sincerely, Amy Knapp I Planner III Nottawasaga Valley Conservation Authority 8195 8ch Line, Utopia, ON LOM 1TO T 705-424-1479 ext.233 I F 705-424-2115 aknapp@nvca.on.ca I nvca.on.ca I am currently working remotely as the Nottawasaga Valley Conservation Authority is taking preventative measures to limit the spread of COVID-19. You may experience some delays or disruptions as we follow recommendations of health professionals to slow the virus from spreading. This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy all copies of the original message. 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File #: 4346-010-008-10726 9, 11, 13 Winstar Road D10-59662 4346-010-008-10728 D10-59663 4346-010-008-10730 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2021-100 be received and adopted. 2. That the Development Services Committee grant provisional consent to Application 2021-B-22 by Winfull Properties Inc. to permit the creation of a new industrial lot having a lot frontage of 46.7 metres (153.2 feet), a lot depth of 242.6 metres (795.9 feet) and an area of 1.1 hectares (2.8 acres) subject to the conditions as outlined in Report No. DS2021-100. 3. The conditions for Application 2021-B-22 are as follows: a) That the applicant signs the Township's Memorandum of Understanding (MOU) by which the applicant acknowledges the requirements and timing of matters that may include: payment of development charges, payment of cash in lieu of parkland, detailed design of a building or septic system, engineered lot grading, and water and sanitary servicing, on either the vacant severed or retained parcel; b) That the applicant pay to the Municipality a fee of $500.00 as a parkland contribution for each industrial lot to be created as cash-in-lieu of a parkland contribution pursuant to By-law 2006-50 under the authority of subsection 53(13) of the Planning Act, R.S.O. 1990 c. P. 13; c) That one copy of a Registered Reference Plan of the severed lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary- Treasurer; d) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; and, e) That all municipal taxes be paid to the Township of Oro-Medonte. Development Services July 15, 2021 Report No. DS2021-100 Page 1 of 15 Page 311 of 462 6.k) 7.50 p.m. DS2021-100, Andy Karaiskakis, Senior Planner re. Consent ... 4. That the Development Services Committee grant provisional consent to Application 2021-B-23 by Winfull Properties Inc. to permit the creation of a new industrial lot having a lot frontage of 49.3 metres (161 .7 feet), a lot depth of 242.3 metres (794.9 feet) and an area of 1 .1 hectares (2.9 acres) subject to the conditions as outlined in Report No. DS2021-100. 5. The conditions for Application 2021-B-23 are as follows: a) That the applicant signs the Township's Memorandum of Understanding (MOU) by which the applicant acknowledges the requirements and timing of matters that may include: payment of development charges, payment of cash in lieu of parkland, detailed design of a building or septic system, engineered lot grading, and water and sanitary servicing, on either the vacant severed or retained parcel; b) That the applicant obtain approval of Consent Application 2021-B-22 for the purpose of a new lot creation; c) That the applicant pay to the Municipality a fee of $500.00 as a parkland contribution for each industrial lot to be created as cash-in-lieu of a parkland contribution pursuant to By-law 2006-50 under the authority of subsection 53(13) of the Planning Act, R.S.O. 1990 c. P. 13; d) That one copy of a Registered Reference Plan of the severed lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary- Treasurer; e) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; and, f) That all municipal taxes be paid to the Township of Oro-Medonte. 6. And that the applicants be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The lands subject to Consent Applications 2021-B-22 and 2021-B-23 are located in the Guthrie Industrial Park located on the east side of Line 4 South, south of Highway 11 (refer to Schedules 1 and 2). This business park was established in 1989 through a development process referred to as "subdivision by reference plan". This process required the developer to deposit a reference plan indicating how the block of land will be subdivided/developed and would require the developer to convey roads, utility easements (if required) and other lands required by the municipality as a condition of planning approval. The developer would register a Transfer from itself to itself which sets out separate descriptions in schedules for all of the potential new parcels, including any appurtenant (together with) easements and any servient (subject to) easements, all referring to the reference plan. The lot development of Winstar Road as laid out in Reference Plan 51 R-19930 are shown on Township mapping as being separate lots having individual roll numbers and municipal addresses. However, any subsequent transfers/conveyances of any "lots" to Development Services July 15, 2021 Report No. DS2021-100 Page 2 of 15 Page 312 of 462 6.k) 7.50 p.m. DS2021-100, Andy Karaiskakis, Senior Planner re. Consent ... a third party within this Plan would require a Planning Act (severance) approval. The current owner, Winfull Properties Inc., intends to convey 7.3 hectares (18.0 acres) of vacant land located on the south side of Winstar Road to 1981242 Ontario Inc. (Deck Source Inc.), the same company that facilitated several consent application approvals on the north side of Winstar Road earlier this year. As a result, the applicant has applied for the following Consent Applications to facilitate the following conveyances: 1) 2021-B-22: To sever one (1) new industrial lot. Lands to be Severed: Lands to be Retained: Frontage: 46.7 m (153.2 ft.) 278.6 m (914.0 ft.) Depth: 242.6 m 795.9 ft. 241.0 m 790.8 ft. Area: 1 .1 ha (2.8 ac.) 6.7 ha (16.6 ac.) Use: Industrial Industrial 2) 2021-B-23: To sever one (1) new industrial lot. Lands to be Severed: Lands to be Retained: Frontage: 49.3 m 161 .7 ft. 229.3 m 752.2 ft. Depth: 242.3 m (794.9 ft.) 241.0 m (790.6 ft.) Area: 1 .1 ha 2.9 ac. 5.5 ha 13.6 ac. Use: Industrial Industrial The sketches reflecting the above noted applications are shown on Schedules 3 and 4. Policies, Legislation and Analysis: Provincial Policy Statement (PPS) The Provincial Policy Statement (2020) (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. The intent of the PPS is to build strong and healthy communities while at the same time, promoting efficient land use and development patterns. Planning Staff have reviewed the subject Consent and Minor Variance Applications with respect to the intent of the PPS. Specifically, the policies pertaining to Employment, Employment Areas were reviewed. Section 1 .3.2.1 of the PPS states that, "planning authorities shall plan for, protect and preserve employment areas for current and future uses and ensure that the necessary infrastructure is provided to support current and projected needs." The subject lands are located in an established industrial employment area which is intended to be the focus of industrial employment opportunities and to maximize the use of existing infrastructure. In Planning Staff's opinion, the proposed land use (industrial) and the proposed lot sizes and dimensions are consistent with the range of lot sizes already existing within this industrial employment area, are capable of being privately serviced for sewage and water (existing developed lots in this employment area are serviced in this manner) and the development can be accommodated by the existing Development Services July 15, 2021 Report No. DS2021-100 Page 3 of 15 Page 313 of 462 6.k) 7.50 p.m. DS2021-100, Andy Karaiskakis, Senior Planner re. Consent ... local road network. Therefore, Planning Staff are of the opinion that the applications are consistent with the PPS. A Place to Grow — Growth Plan for the Greater Golden Horseshoe The Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. The subject applications have been reviewed by Planning Staff with respect to the Growth Plan policies. Section 2.2.1 of the Growth Plan contains policies for "Managing Growth", and states that "Population and employment growth will be accommodated by — a) directing a significant portion of new growth to the built-up areas of the community through intensification". The Growth Plan contains specific policies pertaining to preserving, protecting employment areas. Section 2.2.5 states that economic development and competitiveness will be promoted by: a) making more efficient use of existing employment areas and vacant and underutilized employment lands are increasing employment densities; b) ensuring the availability of sufficient land, in appropriate locations, for a variety of employment to accommodate forecasted employment growth to the horizon of this Plan; c) planning to better connect areas with high employment densities to transit; and, d) integrating and aligning land use planning and economic development goals and strategies to retain and attract investment and employment. Since the proposed applications pertain to industrial lots within an employment area, the proposed development is considered to maintain the general intent of the Province's Growth Plan. County of Simcoe Official Plan The subject lands are designated Rural in the County of Simcoe's Official Plan. The Rural designation permits rural industrial uses subject to the criteria outlined in 3.7.5 of the County's Official Plan. The Rural designation is silent in respect to new lot creation for industrial uses and therefore, Staff refer to the General Development Policies. Specifically, Section 3.3.2 states that, "subdivision of land by plan of subdivision or consent, or plans of condominium, are permitted only for the land uses permitted in the designation or that maintain the intent of the Plan's objectives and policies." Further, Section 3.3.7 discourages lot creation in close proximity to settlement area boundaries; however, the policy then states that where a rural employment area exists, the Rural policies shall apply. In this regard, the Rural policies are silent in respect to Rural Employment Area industrial lot creations. Therefore, on the basis that these lands are designated Industrial in the Township's Official Plan and zoned Economic Development in the Townships Zoning By-law, and both permit Industrial Uses, it is the opinion of Planning Staff that the applications generally conform to the County of Simcoe's Official Plan. As of the preparation of this report, Development Services Staff has not received comments from the County. The members of the Committee should have regard to any County comments that may be received. Development Services July 15, 2021 Report No. DS2021-100 Page 4 of 15 Page 314 of 462 6.k) 7.50 p.m. DS2021-100, Andy Karaiskakis, Senior Planner re. Consent ... Township of Oro-Medonte Official Plan The subject property is designated Industrial in the Township's Official Plan (refer to Schedule 5). Section C8 of the Official Plan contains the policies for the Industrial Designation; more particularly Section C8.4 outlines the policies pertaining to the form of development within the Industrial Designation. Specifically, the Official Plan policies states: "It is intended that development within the Industrial designation will occur by way of Plan of Subdivision/Condominium to ensure that servicing and access for the whole parcel can be dealt with before development occurs.... new lots for industrial use can be created by consent or by other means in a Registered Plan/Condominium that existed on the date that this plan was adopted by Council if issues relating to servicing and access have already been dealt with when the parcel was originally development and/or approved for development." The subject property is located in an employment area that was intended to develop in accordance with Reference Plan 51 R-19930 (refer to Schedule 6), in the former Township of Oro. The applicant is proposing to develop the lots shown on Schedules 3 and 4. The lots are proposed to be serviced by private septic systems and private wells and will have access from Winstar Road. Therefore, Staff is of the opinion that the Consent Applications meet the policies outlined above and shall be considered under Section D2.2 New Lots by Consent, General Development Policies of the Official Plan. The following comments below address the criteria outlined in Section D2.2.1: a) Fronts on and will be directly accessed by a public road that is maintained on a year round basis: Planning Staff comment: Conforms. The severed and retained parcels would front onto Winstar Road, which is maintained year-round by the Township. b) Does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; Planning Staff comment: Conforms. The subject lands do not have access to a Provincial Highway or County Road. c) Will not cause a traffic hazard; Planning Staff comment: Conforms. No traffic concerns have been identified by Operations Staff. The applicant will be required to obtain an entrance permit for the severed and retained lands. d) Has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By-law and is compatible with adjacent uses; Planning Staff comment: Conforms. The proposed lots would comply with the Zoning By-law minimum requirements for lot size and frontage. The proposed industrial uses Development Services July 15, 2021 Report No. DS2021-100 Page 5 of 15 Page 315 of 462 6.k) 7.50 p.m. DS2021-100, Andy Karaiskakis, Senior Planner re. Consent ... are permitted within the Economic Development (ED) Zone and would be compatible with the adjacent industrial uses along Winstar Road and Line 4 South. e) Can be serviced with an appropriate water supply and means of sewage disposal; Planning Staff comment: Conforms. Any future buildings on the subject lands would be serviced by private individual on-site services (well and septic system), the lands meet lot size requirements and are considered adequately sized for private servicing, and Building Staff have not advised of any concerns in this regard. f) Will not have a negative impact on the drainage patterns in the area; Planning Staff comment: Conforms. The severed and retained lands appear to have sufficient area to accommodate any on-site grading to ensure that drainage patterns will not be negatively impacted. Site Plan Approval will be required to facilitate any development on these lands which would ensure proper grading, storm drainage and maintenance in regard to surface water. This will be reviewed by the Township's Manager of Development Engineering at the time of submission. At their meeting on May 12, 2021 , Council received and adopted Report No. DS2021-073 which supported the front ending of the associated costs for the comprehensive Storm Water Management Review and design and installation of the communal water for firefighting purposes in the Guthrie Industrial Park. The report also identified that all future development within the Guthrie Industrial Park will be required to contribute their proportionate share to both stormwater and communal water for firefighting costs. The Site Plan Agreement for any future development on this property will include clauses that will require the owner to pay their proportionate share for the required works and if additional lands are required for drainage/stormwater purposes to provide the required land dedication, pursuant to the design to be completed on behalf of the Township by Tatham Engineering. g) Will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the provision of access, if they are designated for development by this Plan; Planning Staff comment: Conforms. The Consent applications are not proposing any changes to the existing and permitted industrial uses on the severed and retained lands. Additionally, development of and access to the retained lands or other parcels will not be restricted. h) Will not have a negative impact on the features and functions of any ecological feature in the area; Planning Staff comment: Conforms. As previously noted, the subject properties are zoned Economic Development (ED) and contain no natural heritage features. i) Will not have a negative impact on the quality and quantity of groundwater available for other uses in the area; Development Services July 15, 2021 Report No. DS2021-100 Page 6 of 15 Page 316 of 462 6.k) 7.50 p.m. DS2021-100, Andy Karaiskakis, Senior Planner re. Consent ... Planning Staff comment: Conforms. The applicant will be required to obtain Site Plan Approval to meet all requirements for septic system installation and private water supply. No groundwater concerns have been identified by the Township and agencies in their review of this application. j) Will conform to Section 51(24) of the Planning Act, as amended. Provisional consent may be granted subject to appropriate conditions of approval for the severed and/or retained lot. Planning Staff comments: Conforms. The Consent applications have been reviewed in context to Section 51(24) of the Planning Act and it is Staff's opinion that the applications conform, the lots may be created through Consent, and a Plan of Subdivision is not required. On the basis of the analysis of the applications in relation to the Township's Official Plan, as outlined above, it is the opinion of Planning Staff that the applications conform to the policies of the Township's Official Plan. Township of Oro-Medonte Zoning By-law No. 97-95, as amended The subject lands are zoned `Economic Development (ED)' in the Township's Zoning By-law 97-95, as amended (refer to Schedule 7). The severed and retained parcels would comply with the Zoning By-law. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c.P.13 • Provincial Policy Statement, 2020 • A Place to Grow, Growth Plan for the Greater Golden Horseshoe 2020 • County of Simcoe Official Plan • Oro-Medonte Official Plan • Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: Planning Staff is of the opinion that these applications are consistent with the following Strategic Goal of the Township: Development Services July 15, 2021 Report No. DS2021-100 Page 7 of 15 Page 317 of 462 6.k) 7.50 p.m. DS2021-100, Andy Karaiskakis, Senior Planner re. Consent ... Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Consultations: Notice of these applications were circulated to the public and to various review agencies and Township departments. Public notice signs were also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Development Engineering — no objection to the applications. • Operation & Community Services — no objections. Attachments: Schedule 1: Location Map Schedule 2: Aerial Map Schedule 3: Severance Sketch 2021-B-22 Schedule 4: Severance Sketch 2021-B-23 Schedule 5: Township Official Plan Schedule 6: Reference Plan 51 R-19930 Schedule 7: Township Zoning By-law Conclusion: Based on Planning Staff's analysis of these applications, it is recommended that Consent Applications 2021-B-22 and 2021-B-23 be approved, specifically to permit the creation of two (2) new industrial lots on lands municipally known as 9, 11 and 13 Winstar Road, as the Consent applications meet Section 51(24) of the Planning Act and the applications conform and are consistent with applicable Provincial, County and Township land use policies and represent good planning. Respectfully submitted: Andy Karaiskakis, RPP, Senior Planner Approvals: Date: Derek Witlib, Manager, Planning Services July 8, 2021 Andria Leigh, Director, Development Services July 8, 2021 Development Services July 15, 2021 Report No. DS2021-100 Page 8 of 15 Page 318 of 462 6.k) 7.50 p.m. DS2021-100, Andy Karaiskakis, Senior Planner re- Consent ... '77Rd. .M000m �.Rd. HOrse,h�p l•Va 1k,�Rd. Ridge oad Winstar Rd. vi v m J Schedule 11W.1id-1111 Is Location Township of ® Subject Lands Proud Heritage,Exciting Future ❑ 2❑❑m File Number:2021-B-22123 N I r 1 1 Development Services July 15, 2021 Report No. DS2021-100 Page 9 of 15 Page 319 of 462 6.k) 7.50 p.m. DS2021-100, Andy Karaiskakis, Senior Planner re- Consent ... Vasey Rd.— -Monston Rd. } J li eg eani •aikwla. , old. r C —Rid,', lea V1" — Y Winstar Rd. 4d Schedule 2 Aerial Photo Toutt5hr�of Subject Lands Proud Heritage,Exciting Future 0 100 m File Number:2021-B-22/23 '►' I I I I Development Services July 15, 2021 Report No. DS2021-100 Page 10 of 15 Page 320 of 462 6.k) 7.50 p.m. DS2021-100, Andy Karaiskakis, Senior Planner re: Consent ... ur• `?� r}L .59 3.s4 33.Sa • JS,s4 �• 31.00 • ZT.60 n.sn ,3.1 �• iB.3 s xTi,. as .—WA-loz�� °I'°a"e ri.es °awl 0 PART 32 27g PART M � �•�lY'� Y 1i • muel sl■ ssa uu Ily,� nzam iY 34.00 P am• 31.00 li ]I.CO 3 .00 27.24P �• u a � aq. 7 3 5 s JfL — v •••N N N —N �.IY N qq �h 2 O ry V N 1 a ref r O II�R 411/'yi,,, 1 � III ie lip u � ti }• ry o n ae Q R _ W N Pl N N p N a1,00 .to 41 ra-»r si• i• siu °, se is uimi u'• a i>%o Schedule 3 Severance Sketch 2021-B-22 4 THY %je o�zte� File Number 2021-B-22123 Pratd Her^itage,Exciting Future Development Services July 15, 2021 Report No. DS2021-100 Page 11 of 15 Page 321 of 462 6.k) 7.50 p.m. DS2021-100, Andy Karaiskakis, Senior Planner re: Consent ... 7€ 3.so t.54 f 13.5# le 3i.'J4 35.94 �T 31,OM j 2T.S0 .70 25.3.1 le #R.37 • ¢79, 2a a-��..1¢i�u �rb 'N69.01'00"C 71.C4 il,:.a e PART J o ry e uzom 00 Ee 3. 00 zte 31.00 ee 31.00 >Iu 31.00 t� .P4 P asjp 35.70 °a g. 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I I � I � I J p� I I I I I � I„ Schedule 5 Township Official Plan - Land Use C.q5ubject Lands _740 • Environmental Protection Two Township o! 0 Agricultural Proud Heritage,Exciting Future Industrial 0 200 M File Number,2021-B-22123 Development Services July 15, 2021 Report No. DS2021-100 Page 13 of 15 Page 323 of 462 6.k) 7-50 p.m. DS2021-100, Andy Karaiskakis, Senior Planner re- Consent AH 17S 12, t; eN L W000Z S gklfii .j 122 Mtn:!in ............... .....�.... !I-n ............. "Age. ......... If ze 01 J 6,17"1 Q7 6 -ZHVd 8 LHVd i Jyyd JdV., ry F. .9 jHV.1 f ly WV F-1 It .9; -idvd I MI L&Vd qF- 91 JdVd Q: 9 sV _LbFrd rf -Ldvd I JdVd 4 el J&Vd 1 2 I I I qt 9 GAIV 0- N33A129 XON 719077V Cr ON Schedule 6 Reference Plan 51 R-1 9930 File Number 2021-B-22/23 if tf/ Proud Heritafe,Excithtq Fixture Development Services July 15, 2021 Report No. DS2021-100 Page 14 of 15 Page 324 of 462 6.k) 7.50 p.m. DS2021-100, Andy Karaiskakis, Senior Planner re- Consent ... Y Y'Rd—r AfRU Moonslonl-RII --- NorseshoeNallepRd. e ED lad 1RiddR AJRU*26 (EP Winstar Rd. 1 1 cA 1 "P 1 m, 1 ED C J 1 1 1 1 A(RU Schedule 7 --� �--� Existing Zoning lownshipnf �.� !�� (�� 1 Subject Lands 0 ED(Economic Development) Proud Heritage,Exciting Future 0 A/RU(Agricultural/Rural) EP(Environmental Protection) 0 200 m File Number:2021-B-22123 N Development Services July 15, 2021 Report No. DS2021-100 Page 15 of 15 Page 325 of 462 6.k) 7.50 p.m. DS2021-100, Andy Karaiskakis, Senior Planner re. Consent ... From: Metras,Justin <jmetras@oro-medonte.ca> Sent: June 22, 2021 2:18 PM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing Development Services Committee Meeting July 15th, 2021 (2021- B-22, 2021-13-23 )Winfull Properties Inc. Operations has no objections to this application. Page 326 of 462 6.k) 7.50 p.m. DS2021-100, Andy Karaiskakis, Senior Planner re. Consent ... From: Metras,Justin <jmetras@oro-medonte.ca> Sent: June 22, 2021 2:18 PM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing Development Services Committee Meeting July 15th, 2021 (2021- B-22, 2021-13-23 )Winfull Properties Inc. Operations has no objections to this application. Page 327 of 462 6.k) 7.50 p.m. DS2021-100, Andy Karaiskakis, Senior Planner re. Consent ... From: Saunders, David <dsaunders@oro-medonte.ca> Sent: June 22, 2021 2:16 PM To: Ceretti, Kendra <KCeretti@oro-medonte.ca>; Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing Development Services Committee Meeting July 15th, 2021 (2021- B-22, 2021-13-23 )Winfull Properties Inc. Kendra Development Engineering has No Objection to the 2 (two) above noted Severance Applications. Stay Healthy ! Dave Page 328 of 462 6.k) 7.50 p.m. DS2021-100, Andy Karaiskakis, Senior Planner re. Consent ... From: Saunders, David <dsaunders@oro-medonte.ca> Sent: June 22, 2021 2:16 PM To: Ceretti, Kendra <KCeretti@oro-medonte.ca>; Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing Development Services Committee Meeting July 15th, 2021 (2021- B-22, 2021-13-23 )Winfull Properties Inc. Kendra Development Engineering has No Objection to the 2 (two) above noted Severance Applications. Stay Healthy ! Dave Page 329 of 462 6.k) 7.50 p.m. DS2021-100, Andy Karaiskakis, Senior Planner re. Consent ... 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E � U +. cu N Q L Q U O Q O O O cu � a) a) O Q cn O cn M v � � u CUB' y � 0) O N 0 � a) O cu0 a) O c E a) LO >% a) O 7 cno O cn 70 � co � U � LOB o � � �' 0 � 0 Q N — 0 � cu .a? 0 O c °� a�i E 0 cn a) 0- O cu c rn >% E N 70 � _ Q � c ~ � L Q� U_ Q c N a) _V > O cu N � "' � U O O L 2 a0 m N L Q 7 N cu O .0 fu c a) a) 'c Q �, L OTC 0 � � ( O N N O Q fu N cn _0a`)) oN � E � a) o a) 0 Q a) cL � � c • -� U a) � O a) O U cu c O a) O .2 cn rn � � � C;) cn rn 4) cnO Ea-ux Ni CuQ � cuUcuU o , r U O � Q ccu c — ccu cu M 0 ccu Q CL CU ON C a�ic N o E j> Q a) O cu a) 0O cu u U : cn V � cT— �70cU �E E H cu Q H H H � �c O E AV U H H Q� H cu -0 U _0 a) NW � li N N co Page 340 of 462 6.k) 7.50 p.m. DS2021-100, Andy Karaiskakis, Senior Planner re: Consent ... f I ■ �' _ U � � cucu 0 cu o 0 � � � a) �/► ' to O L U Ocn N A■ � O � - 0 W O E O O — N � O M V r 0 C 0 M O a) n CL L N CD cu cn 0 N- () CD - fu O) +_ cu ce) i> > CU N V O U U 7 0 ■ ■ p Q+� � � - 7 U OM G� QN Q N O 0 C L N �� o a�i >, �' aa) U � J Q U) ^ Moo CUccuu � cu � ., LL m N Z � Q•� CUa) v� � L- U _ cu 4- L 0 — L Om 0 N cn o o c o N C:) L c cn 0 '- c 0 L Q 7 cu CU _ � � � _ cu O Qom' o �L La � `u 0 � 70 L- Q �� }, 0 E cu (D N L N 0 cu +' m i cu0 Q cov �- � � m _ 0 aNLi 0 r N -0 c � 0 N Cq CU0a _0-,.-a � 0 oo a W a) O Q L � fu N >+ p O C cu ) j, a) 0 0 n N "' cn a) C U m L V Q 2 O V O cu Q O O Q A fB .N 0 0 .0 a) Q a) c C E L 0 E c : cu cu cn - O cu rn T � 0 cn U (/� _0 cLuccn cu 0cu � ycu � c N cu � CU cn cn >, o - � 0 0 0 � 0 cu N U Q � _ 4- 0 iu 0 cu 0 �V U O O O N LP O Q 0 O L— cu cA cA Q U �--� � 2 L v E cu rn m 0 a) cu c 0 L Q N O a) O " N L > -2 N N L /) cn — C 4 0 Q L CU Q c V f/� o E 0, Q a� a� a� Q N a) N a) _ O L L L O 0 cu C yam+ O 0 N cu yam+ O H o 0 N rn� L c o � �.� L) M N ■� 04 cuL cn cu T N 0 _ Q C O C Q O `� O (B N c) E c 0 U cu c cu 0 0 ,� m >, N V cu Q O 0 cu a) 4 Q cn L' Q Q O 0� Q OCi Z O N cu cn cu a) ) p cu cu N o 0 L- c5"= ii t c o � E 70 -0 0 a) Uj c E 0 Q a — N 00 c) 0 cu a� o O 'VCU cu 0 cr a) CU0 � 0 � = � O E � r_ � AV 0 H H Q H cu U _0 N c:_- NW � li N N co Page 341 of 462 6.1) 8.00 p.m. DS2021-099, Catherine McLean, Intermediate Planner re: Co... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Development Services Prepared By: DS2021-099 Committee Catherine McLean, Intermediate Planner Meeting Date: Subject: Motion # July 15, 2021 Consent Application 2021-B-24 by Susan Fraser & William Roll #: Carlson R.M.S. File #: 4346-010-008-30900 455 Ridge Road West D10-59664 Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report No. DS2021-099 be received and adopted. 2. That Consent Application 2021-13-24 by Susan Fraser & William Carlson, to permit a boundary adjustment having a lot frontage of approximately 30.48 metres (100.0 feet), a lot depth of approximately 121 .92 metres (400.0 feet) and an area of approximately 0.37 hectares (0.92 acres) to be added to the property located at 487 Ridge Road West, subject to the conditions as outlined in Report DS2021-099. 3. The conditions for Consent Application 2021-13-24 are as follows: a) That the severed lands with an area of approximately 0.37 hectares (0.92 acres) be merged in title with the abutting property to the west, described as Concession 6 Part Lot 25 (Oro), and that the provisions of Sections 50(3) and 50(5) of the Planning Act apply to any subsequent conveyance of, or other transaction involving, the identical subject parcel of land. Therefore, once the subject parcel of land has been conveyed to the owner of the abutting parcel, the subject parcel and the said abutting parcel shall merge in title and become one parcel of land. A Solicitor's written undertaking shall be provided to the Secretary-Treasurer indicating that the necessary steps will be taken to: 1) implement the conveyance and merger; 2) consolidate the severed and benefitting parcels to one Property Identification Number; and 3) alter the benefitting parcel, if it was created pursuant to Sections 50 or 53 of the Planning Act, so that it is not the identical parcel of land. b) That all municipal taxes be paid to the Township of Oro-Medonte. c) That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary- Treasurer which conforms substantially with the application as submitted. Development Services July 15, 2021 Report No. DS2021-099 Page 1 of 12 Page 342 of 462 6.1) 8.00 p.m. DS2021-099, Catherine McLean, Intermediate Planner re: Co... d) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality. e) That the Certificate of Consent be issued utilizing Form 4, Section 53(42) of the Planning Act R.S.O. 1990, to merge the parcels. f) That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice of decision (Approval shall lapse where the conditions have not been fulfilled within one year of being imposed and/or two years from the date of the certificate if the transaction has not been finalized.). WARNING: Failing to fulfil the conditions within the above-noted statutory periods (Sections 53(41) & 53(43), the Planning Act R.S.O. 1990) shall cause the application to lapse and render this Decision null and void. 4. And that the applicant be advised of the Development Services Committee's decision under the Secretary-Treasurer's signature. Background: The lands proposed to be severed, retained and merged are located on the south side of Ridge Road West, between Line 5 South and Line 6 South. The lands to be severed through Application 2021-13-24 are currently vacant and are proposed to be merged with the abutting property to the west, 487 Ridge Road West, which currently contains a single detached dwelling. The purpose of the boundary adjustment is to ensure that the owners of 487 Ridge Road West have access to their backyard without encroaching onto 455 Ridge Road West. The retained lands at 455 Ridge Road West contain a single detached dwelling, an agricultural building (no livestock) and a couple accessory buildings. The location map is included as Schedule 1 to this report and an aerial photo is included as Schedule 2. Purpose: The applicants are requesting consent to sever and merge lands for the purpose of a boundary adjustment as noted below: Lands to be Severed Lands to be retained Total Merged lands from 455 Ridge Road (455 Ridge Road (487 Ridge Road West) West West Frontage: Approximately 30.48 Approximately 178.38 Approximately 60.96 m m 100.0 ft. m 585.25 ft. 200.0 ft. Depth: Approximately 121 .92 Irregular depth Approximately 121.92 m m 400.0 ft. 400.0 ft. Area: Approximately 0.37 ha Approximately 4.3 ha Approximately 0.74 ha 0.92 ac. 10.62 ac. 1.84 ac. Use: Vacant Residential/Agricultural Residential No new lots are proposed as a result of the lot addition. The applicants' severance sketch is included as Schedule 3 to this report. Development Services July 15, 2021 Report No. DS2021-099 Page 2 of 12 Page 343 of 462 6.1) 8.00 p.m. DS2021-099, Catherine McLean, Intermediate Planner re: Co... Policies, Legislation and Analysis: Provincial Policy Statement (PPS) The Provincial Policy Statement 2020 (PPS) came into effect on May 1 , 2020 to replace the 2014 PPS. The Provincial Policy Statement (2020) (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. The intent of the PPS is to build strong and healthy communities while at the same time, promoting efficient land use and development patterns. Section 1.1 .5 — Rural Lands in Municipalities is applicable to this application and promotes development which is compatible with the rural landscape and can be sustained by rural service levels. The type and density of development on these lands has already been established, and will not be changing as a result of the boundary adjustment. Based on the above, Planning Staff is of the opinion that this boundary adjustment application is consistent with the Provincial Policy Statement. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff is of the opinion that the proposed boundary adjustment is consistent with the Rural Areas policies in the Growth Plan as the lands subject to this application are already within an established rural area and the proposed boundary adjustment does not represent "development" as defined by the Growth Plan. The subject lands contain a significant woodland at the rear of the property as illustrated on Schedule 4 to this report; therefore, Section 4.2.3, Key Hydrological Features, Key Hydrologic Areas and Key Natural Heritage Features, is also applicable to this application. Section 4.2.3.1 states that outside settlement areas, development or site alteration is not permitted in key natural heritage features. However, since the proposed boundary adjustment does not represent `development' as defined by the Growth Plan, these policies do not affect this application. A small section at the rear of the subject lands is regulated by the Lake Simcoe Region Conservation Authority (LSRCA). The LSRCA has been circulated the subject application and at the time of writing of this report, comments have yet to be received by Township staff. The Committee should have regard to any LSRCA comments that may be received. Based on the above, Planning Staff are satisfied that the proposed boundary adjustment is considered to conform to the policies of the Growth Plan. Development Services July 15, 2021 Report No. DS2021-099 Page 3 of 12 Page 344 of 462 6.1) 8.00 p.m. DS2021-099, Catherine McLean, Intermediate Planner re: Co... Lake Simcoe Protection Plan (LSPP) The subject lands are located within the Lake Simcoe Watershed and is therefore subject to the policies found within the Lake Simcoe Protection Plan (LSPP), which is a Provincial plan approved under the Lake Simcoe Protection Act, 2008. Planning Staff have reviewed the application in context to the LSPP and the following policies are applicable: "6.10-DP Where, in accordance with the policies of the Plan, development or site alteration is permitted within 120 metres of the Lake Simcoe shoreline, other lakes in the Lake Simcoe watershed, or any permanent or intermittent stream or a wetland, the development or site alteration should be integrated with and should not constrain ongoing or planned stewardship and remediation efforts. 6.11-DP Where, in accordance with the policies of this Plan, a proposal for development or site Alteration is permitted within 30 metres of the Lake Simcoe shoreline, other lakes in the Lake Simcoe watershed, or a permanent or intermittent stream or wetland outside of settlement areas and the Greenbelt area and Oak Ridges Moraine area, the proposal for development or site alteration shall comply with the following where applicable: a. maintain, and where possible, increase or improve fish habitat in the Lake, stream or wetland, and any adjacent riparian areas; b. to the extent possible, enhance the ecological features and functions associated with the Lake, stream or wetland; c. minimize erosion, sedimentation, and the introduction of excessive nutrients or other pollutants and utilize planning, design, and construction practices that maintain and improve water quality; and integrate landscaping and habitat restoration into the design of the proposal to enhance the ability of native plants and animals to use the area as both wildlife habitat and a movement corridor." Also applicable is the LSPP's definition of "development": means the creation of a new lot, a change in land use, or the construction of buildings and structures, any of which require approval under the Planning Act, the Public Lands Act, the Conservation Authorities Act, or that are subject to the Environmental Assessment Act , but does not include, a. the construction of facilities for transportation, infrastructure and utilities used by a public body; b. activities or works under the Drainage Act; or c. the carrying out of agricultural practices on land that was being used for agricultural uses on the date the Plan came into effect. Since the proposed boundary adjustment would not result in the creation of a new lot, and no new structures or site alteration are proposed, this application does not represent development within the meaning of the LSPP. Development Services July 15, 2021 Report No. DS2021-099 Page 4 of 12 Page 345 of 462 6.1) 8.00 p.m. DS2021-099, Catherine McLean, Intermediate Planner re: Co... Based on the above, it is Planning Staff's opinion that the application conforms to the LSPP. The Committee should have regard to any comments that might be received from the LSRCA with respect to this application. County of Simcoe Official Plan The subject lands are designated `Greenlands' with a couple sections of `Rural' along Ridge Road West, in accordance with the County of Simcoe Official Plan (refer to Schedule 5). Section 3.3 of the County's Official Plan contains "General Subdivision and Development Policies" and, specifically, Section 3.3.5 states: "consents for the purpose of legal or technical reasons and consolidation of land holdings may be permitted but shall not be for the purpose of creating new lots except as otherwise permitted in this Plan, Provincial policies and legislation" (p.18). `Legal or Technical Reasons' is defined as: "severances for purposes such as easements, corrections of deeds, quit claims, and other minor boundary adjustments, which do not result in the creation of a new lot" (p. 129). Planning Staff are satisfied that this boundary adjustment is minor in nature as it will not impact the character of the rural area and the retained and benefitting lands are large enough to accommodate their existing and continued residential and agricultural uses. The County has been circulated the subject application and at the time of writing of this report, comments have yet to be received by Township staff. The Committee should have regard to any County comments that may be received. Township of Oro-Medonte Official Plan The subject lands are designated `Rural' in "Schedule A — Land Use" of the Township's Official Plan. The objectives of the Rural designation are: • To preserve and promote the rural character of the Township and the maintenance of the open countryside; and, • To prevent the intrusion of land uses which are incompatible with the rural character and/or resource activities of the area. The Rural section is silent on boundary adjustments; therefore, Planning Staff must defer to the general "Subdivision of Land" policies of the Township's Official Plan in evaluating the proposed application for a boundary adjustment. Specifically, Section D2.2.2, `Boundary Adjustments', states: "A consent may be permitted for the purpose of modifying lot boundaries, provided no new building lot is created. In reviewing an application for such a boundary adjustment, the Committee of Adjustment shall be satisfied that the boundary adjustment will not affect the viability of the use of the properties affected as intended by this Plan" (p. 235). Planning Staff are satisfied that the proposed boundary adjustment will not affect the viability of the current and proposed rural uses. As such, the proposed boundary Development Services July 15, 2021 Report No. DS2021-099 Page 5 of 12 Page 346 of 462 6.1) 8.00 p.m. DS2021-099, Catherine McLean, Intermediate Planner re: Co... adjustment is generally in keeping with the intent of the rural policies stated in the Official Plan, and otherwise conform to the boundary adjustment policies contained in Section D.2.2.2. Township of Oro-Medonte Zoning By-law No. 97-95, as amended The subject lands are currently zoned Agricultural/Rural (A/RU) in the Township's Zoning By-law 97-95, as amended. Table B4 - A of the Township's Zoning By-law requires a minimum of lot size of 0.4 hectares (0.99 acres) for residential uses and a minimum lot size of 2.0 hectares (4.9 acres) for agricultural uses. Table B4 — B of the Township's Zoning By-law requires a minimum lot frontage of 45.0 metres (147.6 feet). The lot configurations that would result from this boundary adjustment, would comply with the lot frontage and lot area provisions of the Zoning By-law. Planning Act, R.S.O. 1990, c.P.13 Section 51(24) of the Planning Act contains criteria that an approval authority must have regard to when considering a plan of subdivision or a consent application (if no subdivision is required). Planning Staff, having had regard to Section 51(24), is satisfied that the Consent Applications meet the requirements of the Planning Act and that no plan of subdivision is required. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Lake Simcoe Protection Plan • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: In 2016, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Balanced Growth: Development Services July 15, 2021 Report No. DS2021-099 Page 6 of 12 Page 347 of 462 6.1) 8.00 p.m. DS2021-099, Catherine McLean, Intermediate Planner re: Co... • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Staff is of the opinion that the proposed development is consistent with the Strategic Plan, as it will not negatively impact the Township's natural features and attributes. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Township Infrastructure and Capital Projects — No comments. Attachments: Schedule 1: Location Map Schedule 2: Aerial Map Schedule 3: Proposed Boundary Adjustment Schedule 4: Township Official Plan — Natural Features Schedule 5: County Official Plan — Land Use Conclusion: Based on Planning Staff's analysis of this application, it is recommended that Consent Application 2021-B-24 for the purpose of a boundary adjustment be approved subject to the conditions outlined in the recommendations, and on the basis that the application is consistent with the Provincial Policy Statement 2020, conforms to the Growth Plan 2020, conforms to the Official Plans for the Township of Oro-Medonte and the County of Simcoe, complies with the criteria in Section 51(24) of the Planning Act and represents good planning. Respectfully submitted: Catherine McLean, RPP, Intermediate Planner Approvals: Date: Derek Witlib, Manager Planning Services July 9, 2021 Andria Leigh, Director Development Services July 9, 2021 Development Services July 15, 2021 Report No. DS2021-099 Page 7 of 12 Page 348 of 462 6.1) 8.00 p.m. DS2021-099, Catherine McLean, Intermediate Planner re. Co... Schedule 1: Location Map vaserad. 644 290 � I I, �IId.BgIrrie. t � 581 kldy m I� 284 241 504 402 815 281 6 321 3 �d9 eihwE 49 20 381 401 455 543 654 601 601 601 655 993 24 r20 8 32 28 1 22 � 30 38 36 '26 44 40 fly- n-GreS. 14 33 29 27 23 19 42 4 25 15 4 43 46 47 11 40 48 Cave nt+'y G s Schedule 1 Location --� Township of ®Subject Lands Proud Heritage,Exciting Future 0 300 171 File Number:2021-B-24 N I i i I Development Services July 15, 2021 Report No. DS2021-099 Page 8 of 12 Page 349 of 462 6.1) 8.00 p.m. DS2021-099, Catherine McLean, Intermediate Planner re: Co... Schedule 2: Aerial Photo �Vace�+Rd. r onexro•Rd. � xo�eaeo•vans kd. N , Ie � kiag d v-. I 1 1' Schedule 2 Aerial Photo �� "Township of Subject Lands Proud Heritage,Exciting Future 0 100 M File Number:2021-B-24 N I i I Development Services July 15, 2021 Report No. DS2021-099 Page 9 of 12 Page 350 of 462 6.1) 8.00 p.m. DS2021-099, Catherine McLean, Intermediate Planner re: Co... Schedule 3: Proposed Boundary Adjustment 4� M� ir �y iIDS$ � rSer 4 [] e Q I LD P z a r: 5 rti 0 Retained landstj R (455 Ridge Road) E Benefitting k^. - lands rr, (487 Ridge ;, o s i AREA x 4 701 ha, a, w a �.l Road n 0 .P West) E: I I. �..{ + 4c Lands to be severed from 455UJ Ridge Road West and merged rx with 487 Ridge Road West. m k tf• �� Q - 19 r o r o I � f d L734P t - s�8 nse�r+t "D79 �� [�Se'i4E 70417 IPMS16 ROAD ALLOWANCE BETWEEN LOTS 25 ►4N© 26 i�36'' =--- --- ---�'rc,r' — - - — ---- (NOT TRAVEL 0 er x� r Schedule 3 Proposed Boundary Adjustment Q Tor ,f�J��o��te File Number 2021-B-24 1'oroud Herfta�re,Exn:iirj,Q Future Development Services July 15, 2021 Report No. DS2021-099 Page 10 of 12 Page 351 of 462 6.1) 8.00 p.m. DS2021-099, Catherine McLean, Intermediate Planner re: Co... Schedule 4: Township Official Plan — Natural Features �Y11ace�+Rd. one[oo•Rd. Harsesho•Palle 0.�. I I r e TI F� T �UI li k�ag t J st tt 0,0 2a` St. °tge. rye elswe14.B1vd• Schedule 4 Township Official Plan - Natural Features C`Subject Lands ® T Environmental Protection 2 ownship of Signlfinant Woodlands Proud Heritage,Exciting Future 0 400 M File Number:2021-B-24 N , 1 Development Services July 15, 2021 Report No. DS2021-099 Page 11 of 12 Page 352 of 462 6.1) 8.00 p.m. DS2021-099, Catherine McLean, Intermediate Planner re. Co... Schedule 5: County Official Plan — Land Use TIVasey RdIT,I Ma�e[an�tl. n-1 I HarsesHo lava llEyHd. I I 1� I Ifs 1(iid9�R an V' It J R�d9e za` m 3• n �yvyn Ores a eot0e gt. Coventry Shelswe11.6tivd Schedule 5 County of Simcoe — Land Use Subject Lands Agricultural Greenlands Rural Proud Heritage,Exciti.Rg Future 4 0 400 M File Number:2021-B-24 �V' I ii I Development Services July 15, 2021 Report No. DS2021-099 Page 12 of 12 Page 353 of 462 6.1) 8.00 p.m. DS2021-099, Catherine McLean, Intermediate Planner re. Co... From: Metras,Justin <jmetras@oro-medonte.ca> Sent: June 22, 2021 2:33 PM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing Development Services Committee Meeting July 15th, 2021 (2021- B-24) Carlson Operations has no comments on the application. Page 354 of 462 6.1) 8.00 p.m. DS2021-099, Catherine McLean, Intermediate Planner re: Co... n� VJ Cu C3 O U C6 iCL J Q O CL U CU � U (D 0 N � O U m _ � o � ca N a) Cu LO LO U • • 4-0 O — }' C: a) U) N O U Page 355 of 462 6.1) 8.00 p.m. DS2021-099, Catherine McLean, Intermediate Planner re: Co... AAA 0) �� o E CO C _0 (D � -M N C cc 7 � N OLOL Cu ~ < � < O ° Q CO �--+ 0 _ U CL CN � i [� Q lO. OD E T 0 0 0 L E CL U c (D aD 0 Ln O NCO ' C) °' 4 C) M N � C ca oar S x o C OL CL O V) N 0 Q � L � Page 356 of 462 6.1) 8.00 p.m. DS2021-099, Catherine McLean, Intermediate Planner re: Co... AAA U) C6 U- OLine'6 S. 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Page 365 of 462 6.m) 8.10 p.m. DS2021-114, Derek Witlib, Manager, Planning Services re: ... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2021-114 Development Services Derek Witlib, Manager Committee Planning Services Meeting Date: Subject: Motion # July 15, 2021 Consent Application 2021-B-25 by Carol Chapman Roll #: 4201 Line 8 North & 370 R.M.S. File #: 4346-020-003-07500 Warminster Side Road D10 59665 4346-020-003-07700 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-114 be received and adopted. 2. That Application 2021-13-25 to permit a boundary adjustment to convey a parcel having a lot frontage of 230 metres (755 ft.), a depth of approximately 600 metres (1969 ft.) and an area of approximately 21.6 hectares (53.4 acres), to be merged with the abutting property located at 370 Warminster Side Road (Roll No. 4346- 020-003-07570), be deferred and brought back to the Development Services Committee for consideration following receipt of comments from the County of Simcoe and additional agricultural information/justification from the applicant. Background: The lands proposed to be severed, retained and merged are located on the north side of Warminster Side Road and east of Line 8 North. A Location Map and an Aerial Photo are included as Schedules 1 and 2 to this report. The lands to be severed and retained currently support a dwelling and agricultural storage buildings. These lands contain cultivated fields, a pond and watercourses. The lands to be severed are vacant of buildings or structures. Surrounding land uses predominantly consist of agricultural uses and rural-residential uses. The severed lands are proposed to be merged with a rural-residential lot located at 370 Warminster Side Road, as illustrated in the sketches in Schedule 3. The parcels to be severed and retained possess separate tax roll numbers and the applicant is proposing to sever the lands along a historic lot boundary that existed prior Development Services July 15, 2021 Report No. DS2021-114 Page 1 of 10 Page 366 of 462 6.m) 8.10 p.m. DS2021-114, Derek Witlib, Manager, Planning Services re: ... to an inadvertent merger of the properties that appears to have occurred in 2004. However, rather than re-create the original lots, the applicant is instead proposing to merge the severed lands with a 1 .01 hectare (2.95 acre) rural-residential lot located a 370 Warminster Side Road. Therefore, no increase in the number of lots would occur as a result of the proposed boundary adjustment. The details of the application are as follows: Lands to be Severed Lands to be retained Total Merged lands (4201 Line 8 N) 370 Warminster S.R. Frontage: Approx. 230 m (755 ft.) Approx. 190 m (623 ft.) Approx. 338.17 m (1109.5 feet) Depth: Approx. 600 m (1969 ft.) Approx. 600 m (1969 ft.) Approx. 600 m (1969 feet) Area: Approx. 21 .6 ha Approx. 47 ha Approx. 22.8 ha 53.4 acres 116.14 acres 56.34 acres Use: Vacant, Agriculture, Agriculture, Rural Agriculture, Rural Environmental Residential and Residential and Protection Environmental Protection Environmental Protection Policies, Legislation and Analysis: Provincial Policy Statement (PPS) The Provincial Policy Statement 2020 (PPS) came into effect on May 1 , 2020 to replace the 2014 PPS. The Provincial Policy Statement provides policy direction on matters of Provincial interest related to land use planning and development. Specifically, Section 1 .1.4 — Rural Areas, Section 2.1 — Natural Heritage and Section 2.3 —Agriculture are applicable to this application. Section 2.3.4.2 states: "Lot adjustments in prime agricultural areas may be permitted for legal or technical reasons" (PPS, 2014, p. 25). `Legal or technical reasons' is defined as: "severances for purposes such as easements, correction of deeds, quit claims, and minor boundary adjustments, which do not result in the creation of a new lot" (PPS, 2014, p. 43). Planning Staff currently have concerns that that this boundary adjustment may not be `minor' in nature, as it has the potential to negatively impact the viability of the farmland from which the lands are being severed, due to the resulting reduction in the size of the retained parcel. Planning Staff recognize that the purpose of this boundary adjustment application is in part to remedy an inadvertent merger of farm parcels, however more information/justification is required from the applicant from an agricultural standpoint to demonstrate if the application contributes to the long-term sustainability of the agricultural industry. Development Services July 15, 2021 Report No. DS2021-114 Page 2 of 10 Page 367 of 462 6.m) 8.10 p.m. DS2021-114, Derek Witlib, Manager, Planning Services re: ... Planning Staff are not able to conclude at this time that this application is consistent with the PPS. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) provides a long-term plan to manage growth and protect the natural environment. The Growth Plan does not contain specific policies that relate to boundary adjustments; however, the Province has mapped an Agricultural System that includes the subject lands as a Prime Agricultural Area. The Growth Plan speaks to protecting these areas for long- term agricultural use. As discussed above, Planning Staff have concerns that the boundary adjustment may negatively impact the long-term agricultural viability of the severed and retained lands for agricultural purposes. The subject lands contain watercourses; therefore, Section 4.2.3, Key Hydrological Features, Key Hydrologic Areas and Key Natural Heritage Features, is also applicable to this application. Section 4.2.3.1 states that outside settlement areas, development or site alteration is not permitted in key natural heritage features. However, since the proposed boundary adjustment does not represent `development' as defined by the Growth Plan, these policies do not affect this application. Based on the above, Planning Staff are unable to conclude at this time that this application conforms to the Agricultural System policies of the Growth Plan. County of Simcoe Official Plan The subject lands are designated `Agricultural' and `Greenlands' in accordance with the County of Simcoe Official Plan. The `Agricultural' designated area applies to the majority of the lands involved in this application, while the Greenlands designation corresponds with the watercourses and their associated treed corridors. Section 3.3.5 of the County's Official Plan contains policies relating to the boundary adjustment and states that "consents for the purposes of legal and technical reasons and consolidation of land holdings may be permitted but shall not be for the purpose of creating new lots." The applicant has indicated that the purpose of the application is for estate planning purposes and to convey the lands as was intended before the lands inadvertently merged. Except that rather than recreate the original lots, the applicant has proposed that the severed lands be merged with a different abutting parcel. As a result, there would be no net increase in the number of lots. This application would have the effect of altering the existing approximately 40.9 hectares (101 acres) farm into a two farms; one farm (the retained lands) being approximately 19.1 hectares (47 acres) in size and the other farm (the severed and merged lands) being approximately 22.8 hecares (56 acres). Although no new lots are proposed, it is not clear if this application represents a consent for "legal and technical reasons" within the meaning of the County Official Plan. The County Official Plan states that, "Legal or technical reasons means severances for Development Services July 15, 2021 Report No. DS2021-114 Page 3 of 10 Page 368 of 462 6.m) 8.10 p.m. DS2021-114, Derek Witlib, Manager, Planning Services re: ... purposes such as easements, corrections of deeds, quit claims, and other minor boundary adjustments, which do not result in the creation of a new lot." At the same time, the County Official Plan discourages the fragmentation of farmland when is states in Section 3.6.7 that, "In the Agricultural designation lot creation is discouraged and may only be permitted for... Agricultural uses, provided new lots for agricultural uses should not be less than 40 hectares...". Although the applicant is not proposing to create a new lot, it is an objective of the County Official Plan (Section 3.6.3) "To ensure the availability and sustainability of prime agricultural areas for long-term use for agriculture and support a diversified agricultural economy". Ensuring that farm parcels remain large enough and preventing their further fragmentation is generally considered to be an important factor in support of the long-term viability of the agricultural economy. As the majority of the subject lands are Prime Agricultural Lands, further information and analysis is needed to understand any potential agricultural merits associated with this application. The County has been circulated the subject application and at the time of writing of this report, comments have yet to be received by Township staff. It is Township Planning Staff's opinion that receipt of County comments, from both a County Official Plan standpoint and from a Provincial Interest standpoint, is necessary to assess conformity with the County and Provincial policies. Township of Oro-Medonte Official Plan The subject lands are designated `Agricultural' in "Schedule A— Land Use" of the Township's Official Plan. The Agricultural section contains policies related to the creation of new lots, yet is silent on boundary adjustments; therefore, Planning Staff must defer to the general "Subdivision of Land" policies of the Township's Official Plan in evaluating the proposed application for a boundary adjustment. Specifically, Section D2.2.2, `Boundary Adjustments', states: "A consent may be permitted for the purpose of modifying lot boundaries, provided no new building lot is created. In reviewing an application for such a boundary adjustment, the Committee of Adjustment shall be satisfied that the boundary adjustment will not affect the viability of the use of the properties affected as intended by this Plan. In addition, the Committee of Adjustment shall be satisfied that the boundary adjustment will not affect the viability of the agricultural parcels affected" (p. 235). Township Planning Staff have in the past supported boundary adjustments involving relatively large parcels of land. However, these were circumstances where lands were being transferred between farmers and the applicant was able to demonstrate a benefit to the farming operation. In the case of this application, it is Planning Staff's opinion that more information/justification from an agricultural standpoint is needed to assess this application for Township Official Plan conformity. Receipt of County comments would assist both the applicant's planner and Township Planning Staff in their further analysis of this application. Development Services July 15, 2021 Report No. DS2021-114 Page 4 of 10 Page 369 of 462 6.m) 8.10 p.m. DS2021-114, Derek Witlib, Manager, Planning Services re: ... Township of Oro-Medonte Zoning By-law No. 97-95, as amended The subject lands are currently zoned Agricultural/Rural (A/RU) and Environmental Protection (EP) in the Township's Zoning By-law 97-95. Table 134-A of the Township's Zoning By-law requires a minimum of lot size of 2.0 hectares (4.9 acres) for agricultural uses and Table B4-B requires a minimum frontage of 45 metres for a lot in the Agricultural/Rural (A/RU) Zone. The lot configurations that would result from this application, would all comply with the lot frontage and lot area provisions of the Zoning By-law. Planning Act, R.S.O. 1990, c.P.13 Section 51(24) of the Planning Act contains criteria that an approval authority must have regard to when considering a plan of subdivision or a consent application (if no subdivision is required). While staff is satisfied that no plan of subdivision is required for the purposes of a boundary adjustment, Planning Staff has concerns with the ability of this application to meet: • 51(24)(a), specifically, "...the effect of development of the proposed subdivision on matters of provincial interest...". In this case, Planning Staff are of the opinion that the Provincial interests are, "...the protection of the agricultural resources of the Province..." and "...the protection of ecological systems, including natural areas, features and functions". • 51(24)(d), specifically, "...the suitability of the land for the purposes for which it is to be subdivided...". In this case, Planning Staff have concerns about the suitability of the sizes of the retained lands and the merged lands for viable agricultural purposes. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c.P.13 • Provincial Policy Statement, 2020 • A Place to Grow, Growth Plan for the Greater Golden Horseshoe 2019 • County of Simcoe Official Plan • Oro-Medonte Official Plan • Oro-Medonte Zoning By-law No. 97-95, as amended Development Services July 15, 2021 Report No. DS2021-114 Page 5 of 10 Page 370 of 462 6.m) 8.10 p.m. DS2021-114, Derek Witlib, Manager, Planning Services re: ... Corporate Strategic Goals: The Township's following Strategic Goal is relevant to this application: Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Staff is of the opinion that the proposed development is consistent with the Strategic Plan, as it will not negatively impact the Township's natural features and attributes. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments. A public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Development Engineering: no objection. • Operations Division: Operations will require a 3.Om road widening along both the severed and retained lands. Warminster Side Road has been identified as a collector road requiring a 23.Om road allowance. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photo Schedule 3: Boundary Adjustment Sketches Conclusion: Based on Planning Staff's analysis of this application, it is recommended that Consent Application 2019-B-25 be deferred to obtain comments from the County of Simcoe and to provide the applicant the opportunity to provide additional information/justification with respect to long-term agricultural sustainability. Respectfully submitted: Derek Witlib, MCIP, RPP, Manager Planning Services Approvals: Date: Andria Leigh, Director of Development Services July 12, 2021 Development Services July 15, 2021 Report No. DS2021-114 Page 6 of 10 Page 371 of 462 6.m) 8.10 p.m. DS2021-114, Derek Witlib, Manager, Planning Services re: ... Vase Rd. oonston 1•Rtl. 4412 o rsesha alky . L4354 a•am 4337 4377 gidg °ad 4328 4314 Z N. c iJ 4244 d201 370 4182 370 202 4162 396 Warminster 3r.d. 4151 285 289 301 323 351 369 373 377 4128 4107 4095 4075 Schedule 1 � Location Township of ® Subject Lands Proud Heritage,Exciting Future 0 300 m File Number:2021-B-25 /V Development Services July 15, 2021 Report No. DS2021-114 Page 7 of 10 Page 372 of 462 6.m) 8.10 p.m. DS2021-114, Derek Witlib, Manager, Planning Services re: ... IT—P Rd I Horsesh� a�lerdi ` • Old. e. ffid9R Aa r Z d) J x xiuli Warminster Schedule 2 4 Aerial Photo -� Township of Subject Lands Proud Heritage,Exciting Future 0 200 m File Number:2021-B-25 N Development Services July 15, 2021 Report No. DS2021-114 Page 8 of 10 Page 373 of 462 6.m) 8.10 p.m. DS2021-114, Derek Witlib, Manager, Planning Services re: ... Schedule 3: Consent Sketches Image of Severed Parcel r y Severed Parcel + To merge wit etained Parce Development Services July 15, 2021 Report No. DS2021-114 Page 9 of 10 Page 374 of 462 6.m) 8.10 p.m. DS2021-114, Derek Witlib, Manager, Planning Services re: ... Proposed Lot Fabric (4201 Line 8 North and 370 Warminster Sdrd) - s � 1Qw _a T 370 (Grantee) 4201 (Grantor) tp IMP Development Services July 15, 2021 Report No. DS2021-114 Page 10 of 10 Page 375 of 462 6.m) 8.10 p.m. DS2021-114, Derek Witlib, Manager, Planning Services re: ... Attention Oro-Medonte Planning staff and Oro Medonte Mayor and Council I am writing this letter to accompany an application for a boundary adjustment. In general terms, the application proposes to sever a parcel of land from my own property at 4201 Line 8 North, and merge it with an adjacent property being 370 Warminster Sideroad, which is owned by my youngest daughter Kelly Skinner-Meyer and her husband Barry Sear. To assist with the application, I retained Joshua Morgan of MORGAN Planning &Development Inc. Joshua has prepared a Planning Justification Report which clearly explains the proposal and provides an overview of the supportive planning policies, As you will see,the application does not propose to create a new lot, rather it proposes to reconfigure the fabric of the two adjacent lots. The purpose of this letter is to explain my personal reasons for wishing to apply forthis boundary adjustment_ During the past year in which we all have suffered the pains of COVID-19, 1 have celebrated two birthdays, my 841"and 850. The Lord willing I will see many more, but the sheer scale and intensity of this seemingly relentless pandemic has given me pause for thought about the future, and about my own mortality. I know I have been so fortunate to have remained in good health so far during this extremely difficult time, but I am also keenly aware that others of my age have been less fortunate, particularly those in long term care homes who have suffered so greatly at the hands of this insidious virus. With that in mind, I would like to make provision for the future, giving due consideration to my circumstances for as long as I remain at 4201 Line 8N, and plan for the consequences should I pass. Although I am in reasonably good health, life on the farm has become increasingly difficult in recent years. Firstly, my dear husband, Dalton Chapman, with whom I purchased the adjacent property,4201 Line 8N, in 2002 and subsequently acquired the neighbouring 370 Warminster lot in 2004, passed several years ago meaning I had to take on the management of both properties alone. More recently, following knee and hip replacement surgery which have restricted my movements, I have become increasingly reliant on Barry and Kelly fortheir help. If it wasn't for the fact they live next door and have been so willing to assist, I'm not sure I would have been able to weather the storm. Having their help has meant that I have been able to stay in my home, but I know that the time will come soon enough when I will need to adapt it to make it handicap accessible, and I also know that I will eventually need to hire additional medical services and purchase supplies. Consequently,the money I would receive from selling the land to Kelly and Barry would certainly be appreciated. I've always said the only way I'm leaving my farm is feet first, and this is the best way to ensure it. Tuming to what will happen when I pass, my property and estate will be shared among my 5 children and will need to be sold in order to provide each with an equitable settlement. Amongst other things, that will mean that the property will fall under new ownership,which in turn means that Kelly and Barry will no longer have any input to what happens on the land immediately adjacent to their front and back yards. I know this is a concern for them and,aside from providing me with the funds I need for the future,is one of the reasons why we all want to see the proposed boundary adjustment succeed. Of course,there are other reasons too. As a family, Kelly and I have enjoyed sharing our lands for many years, and I know that they will take good care of it and carry on the tradition of having the property farmed by local farmers. I also know they will want to see the continued progression of the agriculture there. When my husband and I purchased the 370 Warminster Sd Rd lot it in 2004, the fields were fallow, but they are now growing and are farmed for soya beans and hay. Page 376 of 462 6.m) 8.10 p.m. DS2021-114, Derek Witlib, Manager, Planning Services re: ... I would also add that this proposal is something I have had at the back of my mind for a while now, and I tried to pursue the sale of the property to Kelly and Barry a year or so ago,only to find that the 370 Warminster Sd Rd lot had been merged on title with the 4201 Line 8N property I already owned, soon after we acquired the former. This is something I was unaware of, and was so disappointed to discover. But with all that is going on right now. I just know I have to try again,and that is why I am asking for your help to make it happen. So, all in all I hope you will agree that mine is a simple request. I would like to sell the 370 Warminster Sd Rd lot I own to Kelly and Barry to help secure my future, theirs and that of my family. There is nothing else at stake. No intention to make any changes other than the names on the deed. Just returning the property to the state in which I acquired it with my husband in 2004,as a single lot. No lot creation,no change of use. Thank you for taking the time to listen and for caring about the future of elderly farmers and preserving the legacy of their farmsteads. Yours sincerely zot�? I -- Carol Chapman Page 377 of 462 6.m) 8.10 p.m. DS2021-114, Derek Witlib, Manager, Planning Services re- 10 g ii s PT 1 PL 51 R22327 /� ✓ 1 +9 `•y Y PT PL - r ' R` 51 R33660 'p Page 378 of 462 6.m) 8.10 p.m. DS2021-114, Derek Witlib, Manager, Planning Services re: ... From: Saunders, David <dsaunders@oro-medonte.ca> Sent: June 22, 2021 3:27 PM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing Development Services Committee Meeting July 15th, 2021 (2021- B-25) Chapman Development Engineering has No Objection to the above noted Severance Application. Regards Page 379 of 462 6.m) 8.10 p.m. DS2021-114, Derek Witlib, Manager, Planning Services re: ... From: Metras,Justin <jmetras@oro-medonte.ca> Sent:June 22, 2021 2:55 PM To: Planning<Planning@oro-medonte.ca> Subject: RE: Notice of Public Hearing Development Services Committee Meeting July 15th, 2021 (2021- B-25) Chapman Operations will require a 3.Om road widening along both the severed and retained lands. Warminister Sideroad has been identified as a collector road requiring a 23.Om road allowance. Page 380 of 462 6.m) 8.10 p.m. DQ Q�12m� I® rld�rt�ib�ll i� g lfl'it€ ring Services re: ... 6m) Additional corresp received County of Simcoe Main Line(705)726-9300 Sl COUNTY OF Planning Department Toll Free(866)893-9300 MCO A Mia0u shwa 26 L9X 1 N6 i Fax (705) 27 4276 PLANNING 1 '� �dhow July 9, 2021 ***VIA EMAIL*** Andy Karaiskakis, Senior Planner, Township of Oro-Medonte 148 Line 7 South Oro-Medonte, On LOL2E0 RE: Circulation — Consent Application Owner: Carol Chapman Subject Lands: 4201 Line 8 North & 370 Warminister Sideroad, Concession 9, West Part Lot 7, Plan 51 R22327 Part 1, Township of Oro-Medonte, County of Simcoe County File: OM-B-21010 Thank you for circulating the County of Simcoe for comments with respect to a Consent application to facilitate a boundary adjustment with the Township of Oro Medonte, County File Number OM-B-21010. The County understands that the applicant is seeking to sever a portion of land from a property containing both addresses 4201 Line 8 North and 370 Warminister Sideroad and adding it to a small residential lot with the same address, 370 Warminister Sideroad. The current lot sizes are 68.6 hectares and 1.2 hectares and the boundary adjustment would result in each parcel having an area of 47 hectares and 22.8 hectares respectively. The subject lands are designated both "Agricultural" and "Greenlands" in Schedule 5.1 of the County of Simcoe Official Plan, "Agricultural' in the Township of Oro-Medonte Official Plan, and is zoned a combination of "Agricultural/Rural' (A/RU) and "Environmental Protection" (EP). As stated in the planning justification report, the subject lands were inadvertently merged on title, resulting in one large agricultural parcel. The Development Services Committee should be satisfied that the severance is in fact severing the lands as they previously existed as described by the applicant. Provincial Policy Statement The applicant has noted that there will be no net gain in the number of lots and has suggested that this is a boundary adjustment rather than lot creation. The Provincial Policy Statement, 2020 states the following: Page 381 of 462 6.m) 8.10 p.m. DS2021-114, Derek Witlib, Manager, Planning Services re: ... 2.3.4.2 Lot adjustments in prime agricultural areas maybe permitted for legal or technical reasons. In the Definitions section of the PPS, Legal or technical reasons means severances for purposes such as easements, corrections of deeds, quit claims, and minor boundary adjustments, which do not result in the creation of a new lot. The committee should be satisfied that the proposed boundary adjustment meets the above noted definition and PPS policy and is considered minor. Growth Plan 2020 The Growth Plan policies under section 4.2.6 state "The retention of existing lots of record for agricultural uses is encouraged, and the use of these lots for non-agricultural uses is discouraged". The Planning Justification Report states that there will be no change in the use of the subject lands and therefore the committee should be satisfied that the proposal is retaining existing lots of record for agricultural uses. Simcoe County Official Plan Though the applicant has described the proposal as a boundary adjustment and not lot creation, the committee should be aware that if it were to consider this lot creation, the County Official Plan does have a minimum standard that it applies to lots for agricultural uses. Section 3.6.7 requires a minimum lot size of 40 hectares for agricultural lot creation. The Development Services Committee should be satisfied that the proposed application meets the policy criteria noted above to support the consent application. The committee should be satisfied that this is a minor lot boundary adjustment, and that no new lot creation is occurring. Please circulate a copy of the formal application and future notices with respect to this proposal to the attention of the County of Simcoe Planning Department via planning.notices(a)-simcoe.ca. If you have any questions or require further information, please do not hesitate to contact the undersigned. Sincerely, The Corporation of the County of Simcoe Julie Nolan, RPP Planner III P: 705-726-9300 x1937 E: Julie.Nolan(a)-Scimcoe.ca Page 382 of 462 6.m) 8.10 p.m. DS2021-114, Derek Witlib, Manager, Planning Services re: ... July 15, 2021 Development Services Committee 6m) Additional correspondence received From:Amy Knapp <aknapp@nvca.on.ca> Sent:July 12, 2021 1:23 PM To: Karaiskakis, Andy<aKaraiskakis@oro-medonte.ca> Cc: Falconi, Teresa <tfalconi@oro-medonte.ca> Subject: NVCA Committee of Adjustment Comments. Good Afternoon Andy, The Nottawasaga Valley Conservation Authority (NVCA) has reviewed the planning applications contained within this email and can offer the following for consideration: Consent — 2021-11325 - 4201 Line 8 North The Nottawasaga Valley Conservation Authority (NVCA) has reviewed the proposed consent and based upon our mandate and policies under the Conservation Authorities Act, and offer the following for consideration. As you are aware, the NVCA generally discourages lot lines from extending into environmental features such as floodplains or riparian zones adjacent to watercourses. According to the floodplain information we have, the proposed lot configuration extends into the floodplain of the Coldwater River tributary. We encourage the lot line to maintain a setback from the watercourse along with a vegetative environmental buffer. Please note our approach is in accordance with Natural Hazard policies of the Provincial Policy Statement and our Planning and Regulation Guidelines (August 2009). Thank you for circulating these applications and please forward a copy of any decision and notice of any appeals filed for the above reference applications Sincerely, Amy Knapp I Planner III Nottawasaga Valley Conservation Authority 8195 8ch Line, Utopia, ON LOM 1TO T 705-424-1479 ext.233 I F 705-424-2115 aknapp@nvca.on.ca I nvca.on.ca I am currently working remotely as the Nottawasaga Valley Conservation Authority is taking preventative measures to limit the spread of COVID-19. You may experience some delays or disruptions as we follow recommendations of health professionals to slow the virus from spreading. This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy all copies of the original message. Page 383 of 462 6.m) 8.10 p.m. DS2021-1JtIyC)RrE�2 b�I -rtagel�rf?&al§do@rsttctices re: ... 6m) Additional correspondence received From: Josh Morgan plan ning.ca> Sent: July 15, 2021 10:37 AM To: Witlib, Derek <dwitlib(a)oro-medonte.ca> Cc: Kelly Meyer <kellyna hankshosts.com>; barrysear(a-)gmail.com Subject: RE: Consent-2021-13-25 (Chapman) Hi Derek, thank you for forwarding the County's comments. I am encouraged after reading the County's comments as they do not oppose the application, rather my interpretation is that the County is empowering the Township to satisfy itself on the following points: 1) That the proposed boundary adjustment would in fact sever the lands as they previously existed; 2) That the proposed boundary adjustment meets the definition of `Legal or technical reasons', and is considered minor; 3) That the proposal is retaining existing lots of record for agricultural uses, and; 4) That no new lot creation is occurring. In an effort to address the County's comments and those listed within your own staff report, I provide the following responses listed in the same numerical order: 1) There is no debate about the application's purpose which is to re-establish a historic lot line which separated 4201 Line 8 North (which has its own unique Roll Number being 4346- 0200030-7700 and receives its own unique tax bill) from the agricultural parcel known municipally as 370 Warminster Sideroad (which has its own unique Roll Number being 4346- 0200030-7500 and receives its own unique tax bill), while merging it with the rural residential parcel of the same municipal address. This action would NOT create a new lot. 2) In my opinion the application would meet the definition of `Legal or technical reasons'. I bring forth this opinion for two reasons. First, the application would correct two deeds which were inadvertently merged. The merger was not intentional and occurred unbeknownst to Mrs. Chapman, as referenced in her letter to Council. The correction of deeds is one of the criteria identified within the definition of `Legal or technical reasons'. Second, it is my opinion that the impact of the application on the adjacent properties and the surrounding agricultural lands is not only minor, but it is negligible as the historic agricultural use of both the severed and the retained parcels will remain unchanged, there will be no increased development potential resulting from the application, and the severed lands will remain under the agricultural stewardship of Mrs. Chapman's daughter and her son-in-law. 3) As noted extensively throughout my Planning Justification Report, and made clear in Mrs. Chapman's letter to Council , the historic agricultural use of both the severed and the retained parcels will remain unchanged. To provide further clarity and context please review the attached letter from Mrs. Chapman which more thoroughly explains the agricultural history of the severed and retained parcels, and the family's intention to continue with this important function. I would ask that you share this letter with the Development Services Committee as it makes very clear that this application is not derived from a desire to make profit, rather it is derived from a desire to maintain the agricultural use of the lands in perpetuity. Without question, the intentions of the applicants are directly aligned with the agricultural policies which provide us direction. Page 384 of 462 6.m) 8.10 p.m. DS2021-114, Derek Witlib, Manager, Planning Services re: ... 4) It is evident throughout our submission that the application does not propose to create a new lot, thus the application is not defined as `development' by the PPS, A Place to Grow, the County's OP or the Township's OP. would ask that you consider Mrs. Chapman's attached letter and the itemized responses above. I feel strongly that this application is appropriate and we wish for a decision to made at this evening's meeting. Respectfully, MORGAN Planning & Development Inc. Joshua Morgan, RPP (705) 327-1873 www.morgan plan ninq.ca Page 385 of 462 6.m) 8.10 p.m. DS2021-114, Derek Witlib, Manager, Planning Services re: ... July 15, 2021 Development Services Committee 6m) Additional correspondence received Dear Josh, I am writing with reference to Derek Wittlib's Planning Report regarding my Consent Application to adjust the boundary on my property in such a way as to recreate the two original lots at 4201 Line 8N and 370 Warminster Sideroad as they once were. Specifically I would like to respond to Derek's request for additional clarification of the benefits of the application to the agriculture industry in Oro Medonte. As you can see from the map, the land I own is farmed to the North, East and West of the farm house. At 4201 Line 8N, the land is farmed by Jamie Tofflemeier for corn, wheat and soy beans, and at 370 Warminster Sideroad by Larry Booth for corn and soy beans. Both arrangements have been in place since my late husband, Dalt and I first acquired these lots in 2002 and 2004 respectively. The land adjacent to my daughter Kelly's property at 370 Warminster Sideroad is farmed for hay for local cattle. As I mentioned in my letter accompanying my Consent Application, there is no intention on my part, or that of my daughter Kelly to change these arrangements as a result of the Application. Neither is it the intention to create a new lot of any kind. In fact, one of the main reasons for wanting to sell the 370 Warminster Sideroad lot to Kelly is to secure these lands for the future. As I explained in my letter, I am 85 years old and increasingly aware of my own mortality and I want to make sure the land is in responsible hands after I pass. Kelly loves these lands as much as I do, and as a former Oro Medonte Township Councillor who was a strong advocate for local farmers in that role, and now as the Chair of the Carley Community Hall Board which neighbours her property, I know she is steeped in the local community and has a deep-rooted connection with this unique and beautiful landscape and the people who live and work within it. Since my property will need to be sold after I am gone in order to provide my surviving children with an equitable settlement of my estate, one of my greatest fears—and perhaps the greatest risk to local agriculture - is that the property will potentially be sold to someone currently living outside the local area who is not so aware of its rich and vibrant agricultural heritage and who may choose not to farm the lands at all. Indeed, this seems an increasingly likely outcome given the nature of the property market. At least with passing part of the property down through my family I know that my legacy will be secure and the portion to be severed will be cared for and preserved for agriculture. I would also reiterate that the two lots at 4201 Line 8N and 370 Warminster Sideroad became merged on title without my knowledge soon after I acquired the latter. I understand this was common practice for the Land Registry at the time and is something that the Honourable Doug Downey has taken steps to address on behalf of farmers such as myself by tabling a Bill before the Provincial Parliament — something which the Ontario Agriculture Association has greeted most warmly. Indeed, had it not been for this inadvertent merger I would not be making a Consent Application to you or writing this letter today. Given all of this, I would once again encourage Council to consider the benefit to the local agriculture that underpins this application, as well as the opportunity it provides to correct a deed which was changed inadvertently. I thank you again for your kind consideration of my application. Carol Chapman Page 386 of 462 6.m) 8.10 p.m. DS2021-114, Derek Witlib, Manager, Planning Services re: ... i) L LN:6:W- T— !o c� O CO Cu E V ^ E U Cu CL � U Q LO N � m Uo � � � : � � w Cu o N �. z o O 00 4 Q 4-0 U U J U) O a Lu V o i O � O � a) JcY) NQw 10� Page 387 of 462 6.m) 8.10 p.m. DS2021-114, Derek Witlib, Manager, Planning Services re: ... O U = LO _ 70 w Q � 6 '. x •V S E L � 4 L U) Q OCd D_ CO (� Cq _ O >,4 N �. N 4-0 l. 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L `^ LL i J O CO N O E O U (CU � U UD Q � N � NCIO m O N C tII L A CO QS C J O N CT LL r O J f' a � Page 393 of 462 6.m) 8.10 p.m. DS2021-114, Derek Witlib, Manager, Planning Services re: ... I AA E M J 70 O CU �+ E Cu .— CU IZ- Q ,,ten. > W M AA CalV .Cq U o N ) I ' `, .ram- t .C.. •Y/ - U_ off 4 IM Page 394 of 462 6.m) 8.10 p.m. DS2021-114, Derek Witlib, Manager, Planning Services re: ... Y C y� y e I LI I c� 0) 0 Cu —0 CU a� U C6 0 N Cal ram , O N i U o ' 4 O 70 O �' age 395 of 462 6.m) 8.10 p.m. DS2021-114 C itlib"Manager, Planning Services re: ... r LU O J c� CU N •V C6 � U Cal 6. O N k N � o i F Pagb 396 of 462 6.m) 8.10 p.m. DS2021-114, Derek Witlib, Manager, Planning Services re: ... i) AAA 3 �+ Cu Cu EA o i }+ CU CU - IZ- CL C) o CV U) m Cu J O N t _0 C) o N a� n> U/ Page 397 of 462 6.m) 8: k Witlib, Manager, Planning Services re: ... i) 70 t � U) a N to p Iran O CUca }+ E C6 Q q .V Cu � U o Q N � m � O � � U o Cn 'I E ' Cu 0 CO 1A 0) 0) Cn X W Page 398 of 462 6.m) 8.10 p.m. DS2021-114, Derek Witlib, Manager, Planning Services re: ... X CO 1 Cu 0) Cu V Cu Ca 4-0 4� O }� z U O C 4-0 E (0) U ( o M CL Cn CU o Q o -0 Ecu N E a) O m ° '> O CU o N � Ca a) oho _ CO Ca 00 O (U O E C (6 E U) " 0 0 � O 0 o U ._ Page 399 of 462 Ta) DS2021-101 , Andy Karaiskakis, Senior Planner re: Zoning By-law Amen... Township Of Report Fraud Heritage, Exciting Future Report No. To: Prepared By: DS2021-101 Development Services Andy Karaiskakis, Senior Committee Planner Meeting Date: Subject: Motion # July 15, 2021 Zoning By-law Amendment Application 2021-ZBA-06 Roll #: by Leslie Saila — Glen Oro Farm R.M.S. File #: 4346-010-004-09900 2562/2574 Line 10 North D14-59552 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report DS2021-101 regarding a Zoning By-law Amendment applying to lands municipally known as 2562/2574 Line 10 North, Township of Oro-Medonte, be received and adopted. 2. That Zoning By-law Amendment Application 2021-ZBA-06 by Leslie Saila, specifically to amend the Agricultural/Rural Exception 294 (A/RU*294) Zone to increase the size of the glamping platforms to accommodate four (4) guests, from 36.0 square metres (387.5 square feet) to 64.5 square metres (694.3 square feet) and to increase the guest services/operations/utility building from 40.0 square metres (430.5 square feet) to 200.0 square metres (2,152.8 square feet) for lands located at 2562/2574 Line 10 North, Township of Oro-Medonte, be approved. 3. That the Deputy Clerk bring forward the appropriate By-law for Council's consideration. 4. And that the applicant be advised of Committee's decision under the Director, Development Services signature. Background: The subject lands are located on the west side of Line 10 North, north of Bass Lake Side Road, have a lot area of 71.7 hectares (177.1 acres) and currently contain a single detached dwelling, an equestrian riding arena, a riding stable, a hay barn, two cabins, several accessory buildings and structures and on-farm diversified uses which includes a small-scale horse farm glamping area. A Location Map is included as Schedule 1 and an aerial image is included as Schedule 2 to this report. Development Services July 15, 2021 Report No. DS2021-101 Page 1 of 16 Page 400 of 462 Ta) DS2021-101 , Andy Karaiskakis, Senior Planner re: Zoning By-law Amen... In February 2019, Council adopted the recommendations of Staff Report DS2019-005 regarding the approval of the applicants Zoning By-law Amendment Application and passed By-law No. 2019-011 to permit on-farm diversified uses on its land holdings. In April 2020, a Site Plan Agreement was executed by the Owner and the Township to permit the development of on-farm diversified uses, including an event tent and glamping sites, on the subject lands. The applicant has now applied for a Zoning By-law Amendment application to amend the Agricultural/Rural Exception 294 (A/RU*294) Zone to permit the following: - to increase the size of the glamping platforms to accommodate four (4) guests, from 36.0 square metres (387.5 square feet) to 64.5 square metres (694.3 square feet); and, - to increase the guest services/operations/utility building from 40.0 square metres (430.5 square feet) to 200.0 square metres (2,152.8 square feet). The applicant's site plan drawing reflecting the above noted request is shown on Schedule 3 and 4. Analysis: Planning Staff has reviewed the proposed Zoning By-law Amendment application in the context to relevant planning policies and legislation contained in the Township of Oro-Medonte Official Plan, County of Simcoe Official Plan, Growth Plan for the Greater Golden Horseshoe (2020) and the Provincial Policy Statement (2020), as detailed below. Provincial Policy Statement (2020) The Provincial Policy Statement 2020 (PPS) provides policy direction on matters of Provincial interest related to land use planning and development. Section 1 .1.4 — Rural Areas, Section 1 .1.5 - Rural Lands, and Section 2.1 — Natural Heritage are applicable to this application. Section 1.1.4 Rural Areas in Municipalities and Section 1.1.5 Rural Lands in Municipalities contains policies for rural lands in municipalities on where to direct development. Policy 1.1.5.4 states "development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted." The surrounding land uses of the subject lands consist of large agriculturally related and rural residential land uses. Therefore, the proposed development will be in keeping with the rural landscape of the area. Section 2 of the PPS contains policies pertaining to the Wise Use and Management of Resources. Section 2.1 provides Natural Heritage policies that require natural features and areas be protected for the long term and that development and site alteration shall not be permitted in natural heritage features such as significant wetlands, significant woodlands and significant wildlife habitat. Section 2.3 provides Agricultural policies that require prime agricultural areas be protected for the long-term use for agriculture. Permitted uses in prime agricultural areas include agricultural uses, agriculture-related uses and on-farm diversified uses. Development Services July 15, 2021 Report No. DS2021-101 Page 2 of 16 Page 401 of 462 Ta) DS2021-101 , Andy Karaiskakis, Senior Planner re: Zoning By-law Amen... The Province released "Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas" in 2016, which is a companion document to the PPS created to provide direction to municipalities in interpreting the PPS. In the case of the subject proposal, these Guidelines assist in interpreting the PPS definition and policies related to on-farm diversified uses. Although the Guidelines focus on lands within "Prime Agricultural Areas", they are noted to also have relevance to Rural Areas as the PPS provides that on-farm diversified uses are to be considered in both Rural and Prime Agricultural areas in accordance with Provincial policies. It is Planning Staff's opinion that the Zoning By-law Amendment application is consistent with the Provincial Policy Statement and meets the criteria for an on-farm diversified use contained in the Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas on the basis of the following: • the on-farm diversified uses is permitted in Rural Areas and in Prime Agricultural Areas; • the primary use of the property is farming; • the on-farm diversified uses meets Provincial policy objectives of diversifying the rural economic land base by leveraging rural assets; • the proposal will be compatible with the agricultural/rural landscape by utilizing and maintaining the existing large, mature trees along the property lines to screen and soften the appearance of the proposed on-farm diversified uses and structures; • the proposal is located where there are no agricultural operations on the subject lands; and, • the subject lands contain natural heritage features which are protected through the Open Space (OS) Zone to further protect these features from development. A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application as it provides provisions that allow for development to occur outside of settlement areas in site specific locations with approved designations. These policies state that "development outside of settlement areas may be permitted in rural lands for: a) the management or use of resources; b) resource-based recreational uses; and, c) other rural land uses that are not appropriate in settlement areas provided they: i) are compatible with the rural landscape and surrounding local land uses; ii) will be sustained by rural service levels; and, iii)will not adversely affect the protection of agricultural uses and other resource-based uses such as mineral aggregate operations. This section has been reviewed and Planning Staff is of the opinion that the proposed development is consistent with the Rural Areas policies in the Growth Plan as the on-farm diversified uses are a permitted use on the subject lands. Section 4 contains policies for "Protecting What is Valuable". Section 4.2.2 outlines the policies for the "Natural Heritage System" and requires that any development or site alteration to Development Services July 15, 2021 Report No. DS2021-101 Page 3 of 16 Page 402 of 462 Ta) DS2021-101 , Andy Karaiskakis, Senior Planner re: Zoning By-law Amen... demonstrate that there will be no negative impacts on key natural heritage features or key hydrologic features or their functions. As part of the applicant's original Zoning By-law Amendment and Site Plan Approval applications, the applicant submitted an Environmental Impact Study/Species at Risk Study for Farm Vacation Campsites which documented the natural heritage features of the property and provided an evaluation of the potential natural heritage impacts associated with the proposed development. The EIS concluded that the proposed development will have minimal impacts to the natural heritage features on the subject property, and further, the proposed areas for the campsites and associated structures will have negligible ecological impacts relative to the entire significant woodland and will be located in the least sensitive areas available for development within it. The significant woodland feature was placed in an Open Space (OS) Zone through By-law No. 2019-011 to further protect this feature from development. In this regard, Planning Staff is of the opinion that the proposed development conforms to the Growth Plan. County of Simcoe Official Plan The subject lands are designated "Agricultural" and "Greenlands" in the Simcoe County Official Plan. The existing on-farm diversified uses (horse farm glamping sites) are permitted in the Greenlands designation. The County of Simcoe has not provided the Township with comments on this application to-date and Planning Staff do not expect any County comments at this stage. It is the opinion of Planning Staff that this application conforms to the County Official Plan. Township of Oro-Medonte Official Plan The subject lands are designated "Agricultural" and "Oro Moraine Natural Core/Corridor Area" in accordance the Schedule "A — Land Use" of the Township's Official Plan (refer to Schedule 5). Permitted uses in the Agricultural designation include, amongst others, farm related tourism establishments. Therefore, Planning Staff is of the opinion that the Zoning By-law Amendment application would conform to the Township's Official Plan. Proposed Zoning By-law Amendment The lands subject to the development application is currently zoned "Agricultural/Rural (A/RU)" and "Environmental Protection (EP) Zone" in accordance with the Township's Zoning By-law No. 97-95, as amended (refer to Schedule 6). The purpose of the applicant's Zoning By-law Amendment application is to amend the Agricultural/Rural Exception 294 (A/RU*294) Zone to permit the following: - to increase the size of the glamping platforms to accommodate four (4) guests, from 36.0 square metres (387.5 square feet) to 64.5 square metres (694.3 square feet); and, - to increase the guest services/operations/utility building from 40.0 square metres (430.5 square feet) to 200.0 square metres (2,152.8 square feet). Planning Staff has reviewed the applicant's development proposal and is recommending approval of the Zoning By-law Amendment application for the following reasons: Development Services July 15, 2021 Report No. DS2021-101 Page 4 of 16 Page 403 of 462 Ta) DS2021-101 , Andy Karaiskakis, Senior Planner re: Zoning By-law Amen... • the proposed development is consistent with the Provincial Policy Statement 2020 and conforms to the Growth Plan 2020; • the proposed development is considered to be in keeping with the general intent and purpose of the County of Simcoe and Township Official Plans; and, • both Provincial and County land use policies promote opportunities to support a diversified rural economy and have evolved to permit on-farm diversified uses (which includes agri- tourism uses) in both prime agricultural areas and rural areas, provided that the uses are secondary to the principal agricultural use, are limited in area and are compatible with the surrounding agricultural area. As noted earlier in this report, in February 2019, Council adopted the recommendations of Staff Report DS2019-005 regarding the approval of the applicants Zoning By-law Amendment Application 2017-ZBA-12 and passed By-law No. 2019-011 to permit on-farm diversified uses on its land holdings. The applicant went through a thorough Site Plan review process at that time to address comments raised by Township staff and the public with respect to the on-farm diversified uses. In April 2020 a Site Plan Agreement was executed by the Owner and the Township to permit the development of on-farm diversified uses, including an event tent and glamping sites, on the subject lands. Given the fact that the applicant previously went through a public process with the subsequent registration of a Site Plan Agreement to implement the on-farm diversified uses, Staff do not anticipate that any public concerns or issues will arise for this rezoning application. In this regard, Planning Staff considers it appropriate for Council to consider passing the Zoning By-law Amendment immediately after the Public Meeting held by the Committee. Therefore, Staff recommends approval of Zoning By-law Amendment 2021- ZBA-06 and has prepared a Zoning By-law Amendment for consideration by Council. The By-law prepared by Staff would amend the Agricultural/Rural Exception 294 (A/RU*294) Zone to increase the size of the glamping platforms to accommodate four (4) guests, from 36.0 square metres (387.5 square feet) to 64.5 square metres (694.3 square feet) and to increase the guest services/operations/utility building from 40.0 square metres (430.5 square feet) to 200.0 square metres (2,152.8 square feet). Site Plan Application The applicant has submitted a complete Site Plan application to implement its development proposal. The applicant is in receipt of the circulation comments received to date (including those discussed in this report) and has advised staff that it is working actively to address the comments and requirements, as necessary. In this regard, staff anticipates that these comments will be addressed through the Site Plan Application review process. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of Council be appealed to the Ontario Land Tribunal and Council chooses to defend its decision. Policies/Legislation: Development Services July 15, 2021 Report No. DS2021-101 Page 5 of 16 Page 404 of 462 Ta) DS2021-101 , Andy Karaiskakis, Senior Planner re: Zoning By-law Amen... • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement 2020 • Growth Plan for the Greater Golden Horseshoe 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: Planning Staff is of the opinion that this application is consistent with the following Strategic Goal of the Township: Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Consultations: Notice of this application was circulated to the public and to applicable review agencies and Township departments. Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Development Engineering — no objection to the Zoning By-law Amendment Application. A Site Plan Amendment shall be required to support the site design changes from a technical review perspective. • Operations & Community Services — No objections • Enbridge Gas Inc. - does not object to the proposed application however, we reserve the right to amend our development conditions. Please continue to forward all municipal circulations and clearance letter requests electronically to MunicipalPlanning@Enbridge.com. Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Proposed Site Plan Schedule 4: Proposed Glamping Dome and Guest Services Building Schedule 5: Township Official Plan — Land Use Schedule 6: Township Zoning By-law Schedule 7: Draft Zoning By-law Amendment Conclusion: Development Services July 15, 2021 Report No. DS2021-101 Page 6 of 16 Page 405 of 462 Ta) DS2021-101 , Andy Karaiskakis, Senior Planner re: Zoning By-law Amen... Planning Staff recommends that Zoning By-law Amendment Application 2021-ZBA-06 by Leslie Saila be approved on the basis that the application is consistent with the Provincial Policy Statement 2020, conforms to the Growth Plan 2020, conforms to the Official Plans for the Township of Oro-Medonte and the County of Simcoe and represents good planning. Respectfully submitted: Andy Karaiskakis, RPP, Senior Planner Approvals: Date: Derek Witlib, Manager Planning Services July 8, 2021 Andria Leigh, Director Development Services July 9, 2021 Development Services July 15, 2021 Report No. DS2021-101 Page 7 of 16 Page 406 of 462 Ta) DS2021-101 , Andy Karaiskakis, Senior Planner re- Zoning By-law Amen... " V Rd� 2865 Moons[one•Rd I ' 2997 Rnrseatioe•Va1My I C � - 2744 2721 2883 Z r G d 2587 2562 J 2464 2465 866 510 1006 1110 gas,-Lake Srd:E.� z 905 2200 983 1087 2095 C J Schedule 1 Location Towrrship� {�ir �ZtP� ® Subject Lands Proud Heritage,Exciting Future 0 400 m File Number:2021-ZBA-06 N t Development Services July 15, 2021 Report No. DS2021-101 Page 8 of 16 Page 407 of 462 Ta) DS2021-101 , Andy Karaiskakis, Senior Planner re- Zoning By-law Amen... v.IIr,Ir„Ra� ns tmne•Rd. nersenK e•lamely �4d.�-� kdg z 0 m c J 4. . R Baas ON rtl�E. z as d ;a Schedule 2 ..& Aerail Photo 4 Subject Lands Proud Heritage,Exciting Future � �;/!!� 0 400 m '•File Number:2021-ZBA-06 1 t 1 Development Services July 15, 2021 Report No. DS2021-101 Page 9 of 16 Page 408 of 462 Ta) DS2021-101 , Andy Karaiskakis, Senior Planner re- Zoning By-law Amen... PROPOSED SITE PLAN WEST SIDE M - ■rrrrrrrrrr� �' KEY PAN c ■ nasnrvc car ■ � f� ®% j � �rrrirrrrrrrrrrrrrrrrrrrrr� ��I.I .,.f� - rd� ■ ciu,wNaos ee I ■ u�.az mq ■ r � >�a ■ EXISTIM;IFH, ■ I /`----- -r II l ❑ cxa.ei Sri ■ I_' ■ odsnnc nowt iin�iw°c sie` ■ ■ �l B.N4 91E (x�ai m`( ■ �z ❑ ■ ■ � r *'., Sias:;°m•j ■ — 0o i I � ♦ _ I ��r�rrrrrrrrrrrrrrrrrrr► I L—► Schedule 3 Site Plan TR1A'175'J17 r File Number 2021-ZBA-06 Proud Heritage,&.rriihrp Future Development Services July 15, 2021 Report No. DS2021-101 Page 10 of 16 Page 409 of 462 Ta) DS2021-101 , Andy Karaiskakis, Senior Planner re: Zoning By-law Amen... J i 14 V Jr FNJJM � / --XISTING G_AVPING DOME / ® 6 1 I;50 -PI_AL PLAN rrnr=rxiarirr. 3 EXISTING GLAMPING LINT LI N.T.S. TYPICAL PLAN ooco �+S rauuv-rn ws__s,_, *PROPOSED GUEST SERVICES BUILDING 4 ,*PROPOSED GUEST SERVICES BUILDING Bfi N.T.S. PLAN N.—.s. ELEVATION Schedule 4 Glamping Dome & Guest Services Building :� . File Number 2021-ZBA-06 Proud Heritage,E.xeiting Future Development Services July 15, 2021 Report No. DS2021-101 Page 11 of 16 Page 410 of 462 Ta) DS2021-101 , Andy Karaiskakis, Senior Planner re- Zoning By-law Amen... %f �I� Moonstone•Rd rvn�e:hoe�•nRe7r•Rd ,4 I1 i 4Id. _Rd� C C - "tiRxlge Rnad� - Lz �O r G1 J 2' gaS,.Lake-Srd E. c Schedule 5 Township Official Plan - Land Use L(Subject Lands F—I Agricultural Oro Moraine Boundary ® Residential Oro Moraine Planning Area-Oro Moraine Core/Corridor Area Proud Heritage,Exciting Future 0 Rural 0 Oro Moraine Enhancement Area 0 400 m File Number:2021-ZBA-06 4, 1 1 1 t 1 Development Services July 15, 2021 Report No. DS2021-101 Page 12 of 16 Page 411 of 462 Ta) DS2021-101 , Andy Karaiskakis, Senior Planner re- Zoning By-law Amen... Yag�Y�Rd I --� td. i rvorse:Koe•aii�r R. 4IiI dia�„Rd C AJRU A/RU(H) - - A/RU(H) �Z �O A/RU T �J A/RU-294 1■1 A/RU �T N 7 EP Os Af U A/RU RUR2 Z Bass-L`ake Srd=E.�� > A/RU J AJRU A/RU i MAR1-144 H MARL Schedule 6 RS(Residential One) Existing Zoning —1 RUR2(Rural Residential Two) n A/RU(Agricultural/Rural) �rO ® EP(Environmental Protection) 1 Subject Lands Proud Heritage,Exciting Future OS(Open Space) n MARI(Mineral Aggregate Resource One) 0 400 m File Number:2021-ZBA-06 N Development Services July 15, 2021 Report No. DS2021-101 Page 13 of 16 Page 412 of 462 Ta) DS2021-101 , Andy Karaiskakis, Senior Planner re- Zoning By-law Amen... SCHEDULE 7 — DRAFT ZONING BY-LAW AMENDMENT TheCorporation of the Township Of Oro-Medonte By-Law No. 202.1-080 A By-law to amend the zoning provisions which apply to lands at Lot 5, Concession 10 (Oro) Township of Oro-Medonte 2021-ZBA-06(Leslie S;ailaf+Glen Oro Farm) Whereas the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-Aaws to regulate the use of land pursuant to Sections 34 of the Planning Act, R-S-0- 1990, c-P-13-, And Whereas Council deems it appropriate to rezone the subject lands in accordance with Section C3.2 of the Official Plan. Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1- Section 7— Exceptions of Zoning By-lawn 97-95, as amended, is hereby further amended by deleting 7.294 and replacing it with the following- '7-294 *'294 Lot 5, Concession 10(0m), TownsNp of Ciro-Medonte (Saila/Glen Oro Farm) 7.294.1 Permitted Uses Nt I�N Notwithstanding Table A4 — AgriculturaVRural Zane and Mineral Aggregate Resource Zones:Permitted Uses and in addition to the permitted uses in the NRU Zane, on the lands zoned PJRU"294 the following uses are permitted- a) On-farm diversified uses_ b) Agri4ourism uses- 7.294.2 Provisions Notwithstanding any other provision in this bar-law to the contrary, the fallowing provisions shall apply to the permitted uses identified in Section 7-294-1= a) Minimum required parking spaces for on-farrrn diversified uses and agd-tourism uses 100 spaces b) Maximum footprint for an outdoor tent structure 400-0 sq-m- (4,3t]5.7 sq-ft.) c) Multi-purpose building used for on-farm diversified uses -maximum height 2 storeys - 11 m- (3-6 ft-) -maximum first storey floor area 400-0 sq.m- (4,3-05-7 sq-ft_) -maximum gross floor area. 700-0 sq-m- (7, 4.9 sq-ft_) d) On-faun diversified uses may occupy no more than 1.2° of the property on which the uses are located, to a maximum of 0.9 hectares,which shall include Development Services July 15, 2021 Report No. DS2021-101 Page 14 of 16 Page 413 of 462 Ta) DS2021-101 , Andy Karaiskakis, Senior Planner re: Zoning By-law Amen... areas containing buildings, structures, outdoor storage, well and septic systems, hard surface driveways/laneways and hard surface parking areas.. Existing laneways shared between agricultural uses and on-farm diversified uses or agri-tourism uses are not to be included in the area calculation. e) Maximum number of guests for an on-farm diversified use shall be 250 per event including staff and guests. f) The on-farm diversified use events shall only occur between May 1 and October 31 of each calendar year_ Upon completion of the multi-purpose building, the season of operation :may be extended to include weekends (Friday to Sunday)for the period between December 15 and the end of March 31. g) The maximum number of on-farm diversified use events, excluding equestrian events, shall be 50 in a calendar year. h) On-farm diversified use events will not be scheduled at the same time as equestrian events in order to limit the number of guests attending the site at any one time. i) Hours of operation 9_00am to 12:00 rnldnight j) Maximum number of horse farm vacation glamping sites 14 k) Maximum size of a glamping platform 64.5 sq.m. (694.3 sq.ft.) 1) Buildings accessory to a glamping area -maximum number 1 -maximum floor area of building 200_0 sq.m (2,152.8 sq_ft.) m) Maximum of two existing guest cabins shall be permitted. n) Section 5.37.1 Minimum Distance Separation I (MDS 1)shall not apply. o) On-farm diversified uses shall include, but net be limited to, horse farm vacation glamping use, w lking tours and educational workshops, the growing of local produce and serving of meals at ongoing equestrian riding events as well as at weddings, horse farm and equestrian facilities education programs for schools and ether organizations and community picnics chanty dinners_ p) On-farm diversified uses and agri-tourism uses including horse farm vacation glamping use shall be secondary to the principal horse farm use on the subject lands_ q) The minimum setback for a parking area from a public street shall be 60 metres(196.8 feet). r) The minimum setback from a glamping area in the West Half of Lot 5, Concession 10 to a neighbouring lot line shall be 100 metres (328_fl feet). s) On-farm diversified use and agri-tourism use buildings, structures and facilities shall not be located within the Nottawasaga Valley Conservation Authority regulated area without their approval_' 2_ Schedule ''A"attached to By-law No_ 2021-080 is declared to form a part of this By-law. 3_ This By-lave shall come into effect upon.the date of passage hereof, subject to Ple provisions of the Planning Act, as amended. Development Services July 15, 2021 Report No. DS2021-101 Page 15 of 16 Page 414 of 462 7.a) DS2021-101 , Andy Karaiskakis, Senior Planner re: Zoning By-law Amen... By-Law read a First, Second and Third Time, and Passed this 1I51t' Cray of July, 2021. The Corporation of the Township Of Oro-Medorite Mayor,, H.S. Hughes Deputy Clerk, J. Teeter Schedule 'N To By-Law No. 2021- The Corp-oration of the Township of Ciro-Medonte 2M T IQ% Sin I CUT Subject Lands Development Services July 15, 2021 Report No. DS2021-101 Page 16 of 16 Page 415 of 462 7.b) DS2021-102, Andy Karaiskakis, Senior Planner re: Zoning By-law Amen... Township Of Report Fraud Heritage, Exciting Future Report No. To: Prepared By: DS2021-102 Development Services Andy Karaiskakis, Senior Committee Planner Meeting Date: Subject: Motion # July 15, 2021 Zoning By-law Amendment Application 2021-ZBA-07 Roll #: by Kent and Stacey MacGregor R.M.S. File #: 4346-010-008-31300 654 Ridge Road West D14-59561 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report DS2021-102 regarding a Zoning By-law Amendment applying to lands municipally known as 654 Ridge Road West, Township of Oro-Medonte, be received and adopted. 2. That Zoning By-law Amendment Application 2021-ZBA-07 by Kent and Stacey MacGregor, specifically to rezone a portion of the subject lands from the Agricultural/Rural (A/RU) Zone to Agricultural/Rural Exception 330 (A/RU*330) Zone to prohibit residential use on the retained parcel for lands located at 654 Ridge Road West, Township of Oro-Medonte, be approved. 3. That the Deputy Clerk bring forward the appropriate By-law for Council's consideration. 4. And that the applicants be advised of the Committee's decision under the Director, Development Services signature. Background: Property Description The subject lands have a lot area of 22.01 hectares (54.38 acres) and contain a single detached dwelling and several agricultural buildings. The majority of the land is under agricultural cultivation. Surrounding land uses predominantly consist of agricultural uses and include scattered rural non-farm dwellings (refer to Schedules 1 and 2). Development Proposal The purpose of the Zoning By-law Amendment application is to rezone a portion of the subject lands from the Agricultural/Rural (A/RU) Zone to the Agricultural/Rural Exception 330 Development Services July 15, 2021 Report No. DS2021-102 Page 1 of 10 Page 416 of 462 7.b) DS2021-102, Andy Karaiskakis, Senior Planner re: Zoning By-law Amen... (A/RU*330) Zone to prohibit new residential uses on the retained lands to fulfill a condition of approval for Consent Application 2020-B-28, which was granted by the Development Services Committee on January 6, 2021 (refer to Schedule 3). The Committee granted provisional consent to permit a surplus farm dwelling severance subject to a number of conditions, including: that the applicant apply for, and obtain, an amendment to the zoning of the retained lands prohibiting their use for residential purposes. Analysis: Provincial Policy Statement 2020 The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. Section 1.1.4 of the PPS contains policies related to "Rural Areas in Municipalities" and Section 2.3 Agricultural apply to the subject lands and have been reviewed in context of the proposed Zoning By-law Amendment. In accordance with Section 2.3.1 of the PPS, prime agricultural areas are to be protected for the long-term use for agriculture. Planning Staff is of the opinion that the proposed Zoning By-law Amendment to amend the zoning of the retained parcel to prohibit residential use is considered to be consistent with the PPS, by protecting the agricultural lands from any future residential development and consolidating the agricultural lands with their other farm parcels located in the Township. Growth Plan for the Greater Golden Horseshoe 2020 Section 2.2.9.2 of the Growth Plan contains policies for development in rural areas outside of settlement areas. The Growth Plan does not restrict or regulate development such as Zoning By-law Amendments involving agricultural parcels of land in agricultural areas. The Provincial Policy Statement requires that measures are taken by the Township to "[ensure] that new residential dwellings are prohibited on any vacant remnant parcel of farmland created by the severance." Therefore, Planning Staff is of the opinion that the Growth Plan legislation does not affect this application for Zoning By-law Amendment. County of Simcoe Official Plan The subject lands are designated "Agricultural" and "Greenlands" in the County of Simcoe Official Plan. The proposed zoning application would prohibit any residential development on the retained lands, therefore protecting a prime agricultural area for long-term agricultural use, which is consistent with the policies of the County Official Plan. Township of Oro-Medonte Official Plan The subject lands are designated "Agricultural" in accordance with the Township's Official Plan. Rezoning the retained lands to prohibit residential use is consistent with the objectives of the Agricultural Designation, since it protects the retained parcel for agricultural use only. Therefore, Planning Staff is of the opinion that the Zoning By-law Amendment application to prohibit residential use on the retained lands conforms to the Township's Official Plan. Development Services July 15, 2021 Report No. DS2021-102 Page 2 of 10 Page 417 of 462 7.b) DS2021-102, Andy Karaiskakis, Senior Planner re: Zoning By-law Amen... Proposed Zoning By-law Amendment The subject lands are zoned "Agricultural/Rural (A/RU)" in the Township Zoning By-law 97-95, as amended (refer to Schedule 4). As noted above, this Zoning By-law Amendment Application has been submitted to fulfill a condition of approval for Consent Application 2020-B-28, which went through a public process under the Planning Act and was approved by the Development Services Committee at their meeting on January 6, 2021 . Given the fact that no members of the public attended the January 6, 2021 Public Hearing regarding the applicant's consent application, and that no concerns were raised by staff or members of the Committee, staff do not anticipate that any public concerns or issues will arise for this rezoning application. In this regard, Planning Staff considers it appropriate for Council to consider passing the Zoning By- law Amendment immediately after the Public Meeting held by the Committee. Therefore, Staff recommends approval of Zoning By-law Amendment 2021-ZBA-07 and has prepared a Zoning By-law Amendment for consideration by Council. The By-law prepared by Staff would rezone the retained lands from Agricultural/Rural (A/RU) Zone to Agricultural/Rural Exception 330 (A/RU*330) Zone, which would permit Agricultural/Rural uses; however, it would prohibit residential uses in keeping with PPS policies for surplus farm dwelling severances. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement 2020 • Growth Plan for the Greater Golden Horseshoe 2020 • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: Planning Staff is of the opinion that this application is consistent with the following Strategic Goal of the Township: Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Development Services July 15, 2021 Report No. DS2021-102 Page 3 of 10 Page 418 of 462 7.b) DS2021-102, Andy Karaiskakis, Senior Planner re: Zoning By-law Amen... Consultations: Notice of this application was circulated to the public and to applicable review agencies and Township departments. A Public notice sign was also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Development Engineering — no objection. • Enbridge Gas - Thank you for your circulation. Enbridge Gas Inc. does not object to the proposed application however, we reserve the right to amend our development conditions. Please continue to forward all municipal circulations and clearance letter requests electronically to MunicipalPlanning@Enbridge.com. Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Rezoning Sketch Schedule 4: Existing Zoning Schedule 5: Draft Zoning By-law Amendment Conclusion: Planning Staff recommends that Zoning By-law Amendment Application 2021-ZBA-07 by Kent and Stacey MacGregor be approved on the basis that the application is consistent with the Provincial Policy Statement 2020, conforms to the Growth Plan 2020, conforms to the Official Plans for the Township of Oro-Medonte and the County of Simcoe and represents good planning. Respectfully submitted: Andy Karaiskakis, RPP, Senior Planner Approvals: Date Derek Witlib, Manager, Development Services July 8, 2021 Andria Leigh, Director, Development Services July 8, 2021 Development Services July 15, 2021 Report No. DS2021-102 Page 4 of 10 Page 419 of 462 7.b) DS2021-102, Andy Karaiskakis, Senior Planner re- Zoning By-law Amen... 7 Rd .Moons tmne•Rd nmrsenK e•lately 573 C � - Gre '°� 745 504 815 I� ti C iJ 543 601 654 930 � 601 696 Q`�. 601 655 $IYcpE IOORc 721 905 863 839 965 767 855 993 Schedule 1 � & Location ® Subject Lands Proud Heritage,,Exciting Future 0 300 m File Number:2021-ZBA-07 N Development Services July 15, 2021 Report No. DS2021-102 Page 5 of 10 Page 420 of 462 7.b) DS2021-102, Andy Karaiskakis, Senior Planner re- Zoning By-law Amen... v.II..r.rRa. IL - ns tmne•Rd. _ I Horsesli e•alb7r• 61d.� C V - I 1 l I r fn � 5 C edge » ' 920E Schedule 2 Aerial Photo Subject Lands Proud Heritage,Exciting Future � �;/!!� a 200 m '•File Number:2021-ZBA-07 1 t 1 Development Services July 15, 2021 Report No. DS2021-102 Page 6 of 10 Page 421 of 462 7.b) DS2021-102, Andy Karaiskakis, Senior Planner re: Zoning By-law Amen... ROAD A(!+WA C HF WFN GT ecimeaai (]WANCF RFIIVFFN lnT.S 7.5 AND�6 S9 ---- I �..x..vwra ------ -- -------- • ==9+.r; SEVERED LANDS <o RETAINED LANDS �tic�s LANDS TO BE REZONED TO PROHIBIT RESIDENTIAL USES PART z� RE'Al OTS2.5NN 8,��r�Nrs zs AND�6 EAST HALF �6 Q CONCESSION PART 1 � oo°»� c Gy,GE i----------------------------------7 � j a .cysa ez I p p PART J I f9 I e Schedule 3i Rezoning Sketch Oft File Number 2021-ZBA-07 Proud Heritage,Exciting Futaare Development Services July 15, 2021 Report No. DS2021-102 Page 7 of 10 Page 422 of 462 7.b) DS2021-102, Andy Karaiskakis, Senior Planner re- Zoning By-law Amen... VaseY'Rd;. A/RU n°tee:hoe•a�ky.R. � E , Old.BArr-.RA rf C J A/RU AJRU A/RU 820E ROID I 1 7 a a LC*86 AIRU K Ni a d A/RU J PR 174(iH� - a W Schedule 4 Existing Zoning Intt,rtsl tP4 0 LC(Local Commercial) 0 f f 0 A/RU(Agricultural/Rural) 1 Subject Lands Proud Heritage,Exciting Future M ® EP(Environmental Protection) /�/} 0 PR(Private Recreational) � ! 0 I I t 200 m File Number:2021-ZBA-07 Development Services July 15, 2021 Report No. DS2021-102 Page 8 of 10 Page 423 of 462 7.b) DS2021-102, Andy Karaiskakis, Senior Planner re: Zoning By-law Amen... Schedule 5: Draft Zoning By-law Amendment The Corporation of the Township Of Oro-Medonte By-Law No. 2021-081 A By-law to amend the zoning provisions which apply to lands at West Part Lot 26, Concession 6 (Oro) Township of Oro-Medonte 2021-ZBA-07 (MacGregor) Whereas the Council of the Corporation of the Township of Oro-Medonte is empowered to pass By-laws to regulate the use of land pursuant to Sections 34 and 36 of the Planning Act, R.S.O. 1990, c.P.13; And Whereas Council deems it appropriate to rezone the subject lands to prohibit the development of residential uses, in accordance with Section C1 .3.1 of the Official Plan. Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. Schedule `A3' to Zoning By-law 97-95, as amended, is hereby further amended by changing the zone symbol applying to the lands located in West Part Lot 26, Concession 6 (Oro), Township of Oro-Medonte, from the Agricultural/Rural (A/RU) Zone to Agricultural/Rural Exception 330 (A/RU*330) Zone to prohibit residential uses, as shown on Schedule "A" attached and forming part of this By-law. 2. Section 7.0 —to Zoning By-law 97-95, as amended, is hereby further amended by adding the following subsection: 7.330 *330 — West Part Lot 26, Concession 6 (Oro), Township of Oro-Medonte (MacGregor) Notwithstanding Table A4 — Permitted Uses, a single detached dwelling is not permitted on the lands denoted by the symbol *330 on the schedule to this By-law." 3. Schedule "A" attached to By-law No. 2021-081 is declared to form a part of this By-law. 4. This By-law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. By-Law read a First, Second and Third Time, and Passed this 15t" Day of July, 2021. Development Services July 15, 2021 Report No. DS2021-102 Page 9 of 10 Page 424 of 462 7.b) DS2021-102, Andy Karaiskakis, Senior Planner re: Zoning By-law Amen... Schedule "A" To By-Law No. 2021-081 673 745 580 815 504 c 'r 543 601 930 f 601 J 696 601 l R�d� 655 20 - 721 965 767 863 T5843 839 10 d 993 t J ® From Agricultural/Rural(A/RU)Zone To Agricultural/Rural Exception 330(A/RU'330)Zone Development Services July 15, 2021 Report No. DS2021-102 Page 10 of 10 Page 425 of 462 7.c) DS2021-108, Derek Witlib, Manager, Planning Services re: Zoning By,. 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2021-108 Development Services Derek Witlib, Manager Committee Planning Services Meeting Date: Subject: Motion # July 15, 2021 Temporary Use Zoning By-law Application 2021-ZBA-08 Roll #: by 2041063 Ontario Ltd. R.M.S. File #: 4346-010-012-34400 5071 Highway 11 North D14 59631 Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-108 be received and adopted. 2. That the Committee adopt Option as identified in Report No. DS2021-108, regarding Zoning By-law Amendment Application 2021-ZBA-08 by 2041063 Ontario Ltd. for 5071 Highway 11 North, Township of Oro-Medonte, that would that establish a one (1) year Temporary Use By-law to permit: Existing Buildings, Buildings Supply Outlets and Showroom, Business Offices, Custom Workshops, Retail Stores accessory to a permitted use, Building Contractors Supply Outlet, Auction Centre, Contractor's Yard, Warehouses, Outdoor Storage Uses, Equipment Sales Establishment, Banquet Hall, Recreational Vehicle Sales Establishment (Snowmobiles, 44 vehicles), Construction Equipment Sales Establishment, Swimming Pool and Spa Sales Establishment, Dock and Seasonal Sales Establishment, Motor Vehicle Sales Establishment (for a maximum of 50 vehicles), Trailer/Recreational Vehicle Sales Establishment (for a maximum of 50 units), Mobile/Modular Home Sales Establishment (maximum of 5 units), Service Shops Light, Accessory Outdoor Display and Sales (to a maximum of 7 businesses), and Temporary Tents. 3. And that the applicant be advised of Council's decision under the Director, Development Services signature. Background: The subject lands are located on the south side of Highway 11 North, west of Line 14 South and have an area of approximately 12.3 hectares (30.5 acres) and a lot frontage Development Services July 15, 2021 Report No. DS2021-108 Page 1 of 12 Page 426 of 462 7.c) DS2021-108, Derek Witlib, Manager, Planning Services re. Zoning By,. of approximately 585 metres (1920 feet) on Highway 11. A Location Map is included as Schedule 1 to this report an Aerial is included as Schedule 2. The Township records include an affidavit from the owner of the property from 1973- 1999 that confirm the use of the property from 1973-75 was an MTO gravel pit, and from 1975-1999 was a commercial logging and lumber operation. Since 1999 the buildings were used for a building supply outlet (window & door sales establishment). On this basis the above-noted uses pre-date the by-law and may continue as legal non- conforming uses. The lands contain two permanent buildings that are divided into units and used for a number of industrial and commercial purposes. The two permanent buildings have a total floor area of approximately 16,000 square feet. In November 2013, the landowners were granted a Minor Variance (2013-A-46) to add a 347 square metre (3731 square foot) addition to the one 557 square metre (6000 square foot) building for their heating and cooling business which to date, has not been constructed. There is also a detached, modular cover-all style building located in the rear of the property that appears to have been established sometime between 2017 and 2020 and that is being used for commercial/industrial purposes. It was previously identified by Staff in Report DS2020-073 that this building did not obtain the necessary Minor Variance approval and Building Permit from the Township. The applicant did submit a Zoning Certificate Application in 2020 (Zoning Certificate 2020-ZC-0302) with respect to the building but has not yet taken the necessary steps to advance the process, including applying for and obtaining a Minor Variance and obtaining a building permit. In May of 2013 Council approved By-law 2013-089 to permit on a temporary basis: sales and service establishment for heating, air conditioning, plumbing, and electrical services; fenced compound of U-haul trailers; corporate meeting and special event facilities; and a motor home sales and display establishment. In July of 2013, another request for additional temporary uses was made by the landowner to add Mobile/Modular Home Sales Establishment, Motor Vehicle Sales Establishment (for maximum of 5 vehicles), and Outdoor Displays and a revised temporary use by-law (By-law 2013-119) was approved by Council on July 17, 2013. In November 2013, By-law 2013-205 was approved by Council to add the following additional temporary uses: trailer/recreational vehicle sales establishment (for a maximum of 15 units), and an Auction Centre. In May of 2015 (By-law 2014-072), September of 2017 (By-law 2017-116) and September of 2020 (By-law 2020-071) Council approved further extensions to the temporary uses of the lands, currently permitted as follows: a) Uses permitted within an existing building: i. Buildings Supply Outlets and Showroom ii. Business Offices iii. Custom Workshops Development Services July 15, 2021 Report No. DS2021-108 Page 2 of 12 Page 427 of 462 7.c) DS2021-108, Derek Witlib, Manager, Planning Services re. Zoning By,. iv. Retail Stores V. Building Contractors Supply Outlet vi. Auction Centre vii. Contractor's Yard viii. Warehouses ix. Equipment Sales Establishment X. Banquet Hall xi. Recreational Vehicle Sales Establishment (Snowmobiles, 44 vehicles) xii. Construction Equipment Sales Establishment xiii. Swimming Pool and Spa Sales Establishment xiv. Dock and Seasonal Sales Establishment xv. Motor Vehicle Sales Establishment (for a maximum of 50 vehicles) xvi. Trailer/Recreational Vehicle Sales Establishment (for a maximum of 135 units) xvii. Mobile/Modular Home Sales Establishment (maximum of 5 units) xviii. Service Shops, Light b) Outdoor Storage Uses c) Accessory Outdoor Display and Sales (to a maximum of 7 businesses) d) Accessory Temporary Seasonal Tents e) Temporary Building (maximum of one)" The 1-year temporary period authorized by By-law 2020-071 will expire on September 3, 2021 and the owner has now applied for another 1-year temporary use by-law for the same list of uses identified above. The owner has been submitting the above-noted temporary use by-law applications, pending the outcome of the Township's updates to the Official Plan and to the Comprehensive Zoning By-law, through which the owner has requested that the lands be provided permanent permissions for similar commercial and industrial uses. Analysis: Planning Act Section 39 of the Planning Act allows Council to authorize a use on a temporary basis for a period of time not to exceed three years for the date of passing of the by-law. Provincial Policy Statement 2020 The Provincial Policy Statement (PPS) has been reviewed with particular emphasis placed on the following sections: Section 1.1.4 Rural Areas in Municipalities, Section 2.1 Natural Heritage and Section 2.3 Agriculture. According to Section 1.1 .4 of the PPS, Rural Areas in municipalities are important to the economic success of the Province and healthy, integrated and viable rural areas should be supported by, among other considerations, promoting diversification of the economic base and employment opportunities through goods and services. The intent of the Temporary Use By-law application is to continue to recognize that various commercial Development Services July 15, 2021 Report No. DS2021-108 Page 3 of 12 Page 428 of 462 7.c) DS2021-108, Derek Witlib, Manager, Planning Services re. Zoning By,. and industrial uses have been occurring on the lands over the last 30+ years and that have been permitted by the Township's Zoning By-law on a temporary basis since 2013. Section 2.3.1 provides that Prime Agricultural Areas shall be protected for long-term use. The proposed addition 3-year Temporary Use By-law will not affect the agricultural potential lands, which appears to have already been largely negated 30+ years ago due to the way the lands have been used and developed. Section 2.3.6 of the PPS allows planning authorities to permit non-agricultural uses in Prime Agricultural Areas for limited non-residential uses, provided that the following are demonstrated: • The land does not comprise a specialty crop area; • The proposed use complies with the minimum distance separation (MDS) formulae; • There is an identified need within the planning horizon provided for additional land to be designated to accommodate the proposed use; • Alternative locations have been evaluated and there are no reasonable alternative locations which avoid prime agricultural areas. The subject lands do not comprise a specialty crop area, the uses and structures do not create any MDS conflicts, and since the proposed uses are existing, an examination of need and alternative locations is not necessary for the purposes of the Temporary Use By-law. Based on the above, Planning Staff finds the application to be consistent with the PPS's policies for Rural Areas and Prime Agricultural Areas. However, the detached cover-all style storage building that has been constructed without a building permit would have first required approval under the Planning Act (e.g. Minor Variance for expansion of a non-conforming use). Such development would have been required to be consistent with Section 2.1 Natural Heritage due the presence of a Provincially Significant Wetland (Bluffs Creek Wetland, see Schedule 3) approximately 70 metres east of the cover-all structure and may require a Natural Heritage Evaluation and permit from the Lake Simcoe Region Conservation Authority (LSRCA) before permission for the structure could have been considered on lands adjacent to the wetland. Although the LSRCA did advise Planning Staff in 2020 that a LSRCA permit would not be required for a temporary structure, Planning Staff's recent site visit verified that building is still present and is being actively used, indicating that its presence might not be temporary. Based on the above, Planning Staff is unable to find the application to be consistent with PPS Section 2.1 Natural Heritage at this time. A Place to Grow, 2020 A Place to Grow - Growth Plan for the Greater Golden Horseshoe (2020) provides a long-term plan to manage growth and protect the natural environment. Development Services July 15, 2021 Report No. DS2021-108 Page 4 of 12 Page 429 of 462 7.c) DS2021-108, Derek Witlib, Manager, Planning Services re. Zoning By,. Section 2.2.9 Rural Areas is applicable to this application. This section has been reviewed and Planning Staff are of the opinion that the proposed Temporary Use By-law conforms to permit the existing uses of the lands which represents "other rural uses" as permitted by the Growth Plan. Section 4.2.2, the Province has mapped the Natural Heritage System, but the mapping is not applicable until such time that the upper tier municipality has identified the natural heritage systems in their official plans. Section 4.2.4 (Lands Adjacent to Key Hydrologic Features and Key Natural Heritage Features) is applicable to this application because the lands are adjacent to a Provincially Significant Wetland. Pursuant to Section 4.2.2.1 , development is subject to a Natural Heritage Evaluation that identifies a vegetation protection zone of natural self-sustaining vegetation which is of sufficient width to protect the wetland from the impacts. Planning Staff is currently unable to find the application to be consistent with Section 4.2.4 due to the continued presence of the unauthorized cover-all structure within the adjacent lands to a Key Natural Heritage Feature. Lake Simcoe Protection Plan (LSPP) The Lake Simcoe Region Conservation Authority (LSRCA) has previously advised that portions of the lands contain key natural heritage features and key hydrologic features in accordance with the Lake Simcoe Protection Plan. As such, the LSRCA has previously requested that the temporary use by-law be only applied to the non- environmental area on the subject property. This LSRCA requirement has to-date been implemented by not applying the temporary use permissions to the Environmental Protection (EP) zoned portions of the property. As of the preparation of this report, the Township has not received comments from the LSRCA with respect to the current application and the ongoing presence of the cover-all structure that the LSRCA had previously understood was supposed to be temporary. Based on the above, Planning Staff is currently unable to find the application to be consistent with the LSPP. The Committee should have regard to any comments that may be received from the LSRCA. County Official Plan The subject lands are designated "Agricultural" and "Greenlands" in the County of Simcoe Official Plan. The proposed uses are not included as permitted uses on the lands and the County's Official Plan is silent on temporary uses. However, Section 3.11.19 states that, "Uses, buildings and structures legally existing on November 15, 2001 are permitted in every land use designation, and shall be zoned accordingly in the applicable zoning bylaw". Considering the history of land uses on the property and the subsequent temporary use by-laws, Planning Staff is of the opinion that the applicant's request for another temporary use by-law generally conforms to the County of Simcoe Official Plan. Development Services July 15, 2021 Report No. DS2021-108 Page 5 of 12 Page 430 of 462 7.c) DS2021-108, Derek Witlib, Manager, Planning Services re. Zoning By,. However, due to the presence of the adjacent Provincially Significant Wetland, the County's Greenlands policies would require a Natural Heritage Evaluation for the cover- all style structure that has been built without a permit on the lands. As of the preparation of this report, the Township has not received comments from the County of Simcoe and the Committee should have regard for any comments that may be received. Based on the above, Planning Staff is currently unable to find the application to be consistent with the County Official Plan. Township of Oro-Medonte Official Plan The subject lands are designated Agricultural and Environmental Protection One and Environmental Protection Two in the Township's Official Plan. The proposed uses are not included as permitted uses on the lands, however Section E1.2 of the Township's Official Plan contains the policies for Council's consideration prior to approval of a temporary use by-law as follows: Prior to the approval of a temporary use by-law, Council shall be satisfied that the following principles and criteria are met: a) The proposed use shall be of a temporary nature and shall not entail any major construction or investment on the part of the owner so that the owner will not experience undue hardship in reverting to the original use upon the termination of the temporary use; b) The proposed use shall be compatible with adjacent land uses and the character of the surrounding neighbourhood; c) The proposed use shall not require the extension or expansion of existing municipal services; d) The proposed use shall not create any traffic circulation problems within the area nor shall it adversely affect the volume and/or type of traffic serviced by the area's roads; e) Parking facilities required by the proposed use shall be provided entirely on-site; f) The proposed use shall not warrant the need for road improvements during the term of the use; and, g) The proposed use shall generally be beneficial to the neighbourhood or the community as a whole. The subject property contains two, long-existing commercial/industrial buildings that are proposed to be utilized for the temporary uses, are accessed from the existing entrance on the Highway 11 overpass. Ministry of Transportation (MTO) has previously stated they have no concerns with the current commercial-industrial use of the site and that it is sufficiently setback from Highway 11. In addition, the MTO has previously approved the signage associated with the current businesses. Planning Staff is not aware of any conflicts with surrounding land uses or of any parking or traffic concerns associated with activities on the property. The historical use of the property has not been recognized in the Township planning documents, and a request from the current landowner has been Development Services July 15, 2021 Report No. DS2021-108 Page 6 of 12 Page 431 of 462 7.c) DS2021-108, Derek Witlib, Manager, Planning Services re. Zoning By,. received for Council to consider this request during the updates to the Official Plan and to the Comprehensive Zoning By-law. As previously noted in this report, an additional building (cover-all style) has been established on the property sometime between 2017 and 2020. This structure represents a level of new construction and investment on the lands as identified above. The owner in building the cover-all style structure did not follow a planning process nor obtain the required Building Permit and should be required to do so or the building should be removed. As the building is a cover-all style structure, most of its components are modular and the building has the ability to be relatively readily removed or relocated/repurposed elsewhere. However, Sections B2.4 (Environmental Protection One) and B3.4 (Environmental Protection Two) of the Official Plan require an Environmental Impact Study (Natural Heritage Evaluation) before consideration of such development, as the building is located within 120 metres of a Provincially Significant Wetland. Based on the above, Planning Staff is currently unable to find the application to be consistent with the Official Plan if the cover-all structure is intended to remain in place. Zoning By-law 97-95 The subject property is currently zoned Agricultural/Rural (A/RU) and Environmental Protection (EP). The two permanent buildings and the more recently constructed cover- all style building are located within the Agricultural/Rural (A/RU) Zone. Section 5.18 of Zoning By-Law 97-95 states that "No lands shall be used and no building or structure shall be used except in conformity with the provisions of this By-law unless such use existed before the date of passing this By-law and provided that it has continued and continues to be used for such purpose, and that such use, when established, was not contrary to a By-law passed under Section 34 of the Planning Act, R.S.O 1990, c.P. 13 or a predecessor thereof that was in force at that time." The intent of Section 5.18 of the Zoning By-law is to ensure that existing non-conforming uses on properties in the Township may not be expanded, such that the expansion may result in an increase in a degree of incompatibility or in any adverse impacts, and that such expansion may not take place without appropriate buffering and mitigation of any negative impacts between such a use, and neighbouring land uses. Based on the above, the majority of the current uses of the lands do not have legal non- conforming status under the Zoning By-law and have only been authorized through the Temporary Use By-laws that have been passed with respect to the lands since 2013. When Planning Staff attended the lands on July 7, 2021 , the number of trailers/ recreational vehicles present appeared to continue to significantly exceed the maximum of 50 that is set out in the current Temporary Use By-law. This concern was previously identified by Staff in Reports DS2017-108 and 2020-073, but the number of trailers/recreational vehicles presently does not appear to have been brought into conformity since that time as required by staff. Development Services July 15, 2021 Report No. DS2021-108 Page 7 of 12 Page 432 of 462 7.c) DS2021-108, Derek Witlib, Manager, Planning Services re. Zoning By,. Because the applicant has not requested an increase to the number of trailers/recreational vehicles and since compliance in this regard has not occurred, Planning Staff is of the opinion that it is appropriate for the number of trailers/recreational vehicles to be brought into conformity with the by-law or that the applicant modify the application. Similarly, before a further Temporary Use By-law is passed, Planning Staff recommends that the unauthorized cover-all building on the property be removed or that the owner attempt to legalize the structure by way of a Minor Variance application to extend/enlarge a non-conforming use that would include submission of the required NHE. Planning Staff Comments It is Planning Staff's opinion that the Committee should consider and select one of the following three options (listed in Staff's order of preference): Option 1: Defer the application until the applicant advises, to the Committee's satisfaction, how the outstanding matters of the number of trailers/recreational vehicles and the unauthorized cover-all style building will be addressed. Option 2: Approve the application in principle for a temporary period of one (1) year, but delay Council's passing of the Temporary Use By-law prepared by Staff (included as Schedule 3) until the applicant has brought the number of trailers/recreational vehicles on the property into compliance (maximum of 50) with Temporary Use By-law 2020-071 and the applicant has removed the unauthorized cover-all style building. Option 3: Approve the application, pass the Temporary Use By-law as requested by the applicant, and proceed with enforcement actions against the landowner with respect to matters of Zoning By-law and Building Code compliance. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal (OLT) and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P. 13 • Provincial Policy Statement 2020 • Growth Plan 2019 • Lake Simcoe Protection Plan • County of Simcoe Official Plan Development Services July 15, 2021 Report No. DS2021-108 Page 8 of 12 Page 433 of 462 7.c) DS2021-108, Derek Witlib, Manager, Planning Services re. Zoning By,. • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Comprehensive Zoning By-law 97-95 as amended Corporate Strategic Goals: The Township's following Strategic Goals are relevant to this application: Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. • Encourage the protection of the Township's natural heritage features while ensuring that uses that rely on these features such as home-based businesses, recreation, and tourism are promoted and strengthened. Consultations: Notice of this application was circulated to the public and to various review agencies and Township departments listed below. Public notice signs were also posted on the subject lands. As of the preparation of this report, no public comments have been received. Agency/department comments received as of the preparation of this report are summarized below. • Development Engineering — no objection. • Operations Division — no objection. • Enbridge Gas — no objection. Attachments: Schedule 1: Location Map Schedule 2: Aerial Photos Schedule 3: Provincially Significant Wetland and LSRCA Regulated Area Conclusion: On the basis of the above, it is recommended that the Development Services Committee adopt one of the three (3) options as identified in this report. Respectfully submitted: Derek Witlib, Manager, Planning Services Approvals: Date Andria Leigh, Director, Development Services July 11, 2021 Development Services July 15, 2021 Report No. DS2021-108 Page 9 of 12 Page 434 of 462 7.c) DS2021-108, Derek Witlib, Manager, Planning Services re- Zoning By-... �seyR.d.T ffll�� IIrrJJII —Moo nston H d. I�I I T II I 5206 Har esho all eydt.. J 2384 172 5266 ow•ear�e.rzd. 2456 5219 37 18 �'R�id9R 0.aad - 15116 SM. E. 13 1 2273 2401 3 2267 15 22 5 23 54 19 74 51 23 240194 11 79 55 507-1 10 172 � 129 J 11 232 E78 Schedule 1 Location To�r,sh�- ® Subject Lands ffeAwtV Proud Heritage,Exciting Future 0 300 m File Number:2021-ZBA-08 H Development Services July 15, 2021 Report No. DS2021-108 Page 10 of 12 Page 435 of 462 7.c) DS2021-108, Derek Witlib, Manager, Planning Services re- Zoning By,. :E.RId.T -Moansfft�Jo—Rd. r. 15116 Srd.E. � Horsesni''ry�ai��ey�a � Rb a Rd. - C R_kl R IL �4 i� ;, / t r' } 69 Z y � � , � �• tl 11' 1 T j•r � � C' r� J r t Schedule 2 Aerial Photo Township of Subject Lands Proud Heritage,Exciting Future 0 200 m File Number:2021-ZBA-08 'V Development Services July 15, 2021 Report No. DS2021-108 Page 11 of 12 Page 436 of 462 0: Derek • Manager, • Services re. • • C Schedule . . LSRCA Regulated Area ♦p Bluffs,Gre Ian • �r i • �!li �r 1 �♦y♦� (UM,4r�♦ �♦ i �+ - • . • �� Development Report . Page 12 of 12 Page 437 of 462 7.d) DS2021-103, Andy Karaiskakis, Senior Planner re: ConsentApplicatio... Township Of Report Fraud Heritage, Exciting Future Report No. To: Prepared By: DS2021-103 Development Services Committee Andy Karaiskakis, Senior Planner Meeting Date: Subject: Motion # July 15, 2021 Consent Application 2021-B-19 and Minor Variance Application Roll #: 2021-A-31 R.M.S. File #: 4346-010-010-26200 by Senti Rasa and Rose Hanoman D10 59347 4346-010-010-26100 Jhagroo D13 59554 24 & 28 Owen Road Recommendation(s): Requires Action For Information Only It is recommended: 1. That Report DS2021-103 be received and adopted; 2. That the Development Services Committee grant provisional consent to Application 2021-B-19, pertaining to lands located at 24 & 28 Owen Road, to permit a technical severance, to re-create two (2) original parcels which inadvertently merged on title being 24 Owen Road PIN 74040-0105 (LT) having a lot area of approximately 0.03 ha (0.08 ac.) and a frontage of approximately 17.9 m (59.0 ft.) on Owen Road, and 28 Owen Road PIN 74040-0104 (LT) having a lot area of approximately 0.059 ha (0.14 ac.) and a frontage of approximately 27.4 m (90.0 ft.), subject to the conditions as outlined in Report DS2021-103. 3. The conditions for Application 2021-B-19 areas follows: a) That the applicant signs the Township's Memorandum of Understanding (MOU) by which the applicant acknowledges the requirements and timing of matters that may include: payment of development charges, payment of cash in lieu of parkland, detailed design of a building or septic system, engineered lot grading, and water and sanitary servicing, on either the vacant severed or retained parcel; b) That the applicant pay to the Municipality a fee of $2,000 as a parkland contribution for each residential lot to be created as cash-in-lieu of a parkland contribution pursuant to By-law 2006-50 under the authority of subsection 53(13) of the Planning Act, R.S.O. 1990 c. P. 13; c) That one copy of a Registered Reference Plan of the severed lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer; d) That the Applicant transfer to The Corporation of the Township of Oro-Medonte ("Township"), in fee simple, free and clear of all liens and encumbrances, a 5.0 metre by 5.0 metre daylighting triangle at the corner of Owen Road and Charlotte Development Services July 15, 2021 Report No. DS2021-103 Page 1 of 19 Page 438 of 462 7.d) DS2021-103, Andy Karaiskakis, Senior Planner re: ConsentApplicatio... Avenue to the satisfaction of the Director, Operations and Community Services. The Applicant's solicitor shall prepare and submit a draft of the proposed Transfer for review by the Township, together with his/her opinion letter stating that upon registration of the Transfer, the Township will have acquired a good and marketable title thereto, free and clear of all liens and encumbrances. Further, the Applicant's solicitor shall be responsible to see to the registration of the Transfer and Application under The Land Titles Act, R.S.O. 1990, as amended, to consolidate the above noted daylighting triangle with Owen Road and Charlotte Avenue as one Property Identifier Number to the satisfaction of the Township. All costs associated with the preparation and registration of the Transfer and Consolidation Application, including costs relating to surveying, legal fees, and disbursements, agreements, HST, etc. shall be fully borne by the Applicant; e) That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; f) That the applicant obtain final approval of Minor Variance Application 2021-A-31; and, g) That all municipal taxes be paid to the Township of Oro-Medonte. 4. That Minor Variance Application 2021-A-31 by Senti Rasa and Rose Hanoman Jhagroo, specifically to permit a reduced lot area of 0.03 ha (0.08 ac.) for 24 Owen Road and 0.059 ha (0.14 ac.) for 28 Owen Road; reduced lot frontage of 17.7 metres (58.0 feet) for 24 Owen Road and 27.4 metres (90.0 feet) for 28 Owen Road; reduced interior side yard of 1.2 metres (3.9 feet) for 24 Owen Road and reduced rear yard of 3.0 metres (9.8 feet) for 24 Owen Road, Township of Oro-Medonte, be approved subject to the conditions as outlined in Report DS2021-103. 5. The conditions for Application 2021-A-31 areas follows: a) That notwithstanding Table B1 of Zoning By-law 97-95, the proposed single detached dwelling shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That the proposed single detached dwelling be substantially and proportionally in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; c) That an Ontario Land Surveyor verify by pinning the foundation wall and verifying in writing by way of survey/real property report, prior to the pouring of the footing and if no footing, the foundation, that the single detached dwelling addition is located no closer than 3.0 metres from the rear lot line and no closer than 1 .2 metres from the interior side lot line; and, d) That the appropriate Zoning Certificate, Engineered Lot Grading Plan and Building Permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 6. And that the applicant be advised of the Development Services Committee's decision under the Secretary Treasurer's signature. Development Services July 15, 2021 Report No. DS2021-103 Page 2 of 19 Page 439 of 462 7.d) DS2021-103, Andy Karaiskakis, Senior Planner re: ConsentApplicatio... Background: The purpose of this report is to consider Consent Application 2021-B-19 and related Minor Variance Application 2021-A-31 which proposes a technical severance to re-create two (2) original parcels which merged in common ownership being 24 and 28 Owen Road currently owned by Senti Rasa and Rose Hanoman Jhagroo. The subject lands (24 and 28 Owen Road) were originally two (2) lots but have merged in common ownership. 24 Owen Road is located on the north side of Owen Road and has a lot area of approximately 0.03 hectares (0.08 acres) and is currently vacant. 28 Owen Road is located at the north-west corner of the intersection of Owen Road and Charlotte Avenue, has a lot area of approximately 0.059 hectares (0.14 acres) and currently supports a single detached dwelling and a garden shed. Surrounding land uses consist of low-density residential uses, predominantly in the form of single detached dwellings. A Location Map is included as Schedule 1 to this report and an aerial image is included as Schedule 2 to this report. These applications were presented to Development Services Committee on June 2, 2021 and were deferred to provide the applicant the opportunity to provide the Township with a legal opinion as to which mechanism under the Planning Act would be considered more appropriate for proceeding with the proposed development. Consent Application 2021-B-19 proposes a technical severance, to re-create two original parcels which merged in common ownership, being 24 & 28 Owen Road. The applicant has provided the title information/parcel registrar for the two parcels proposed to be re-created showing their separate deed information. This information has been reviewed by the Township's solicitor and has advised Planning Staff that there was no legal breach of the Planning Act when the previous owner purchased 24 Owen Road, which subsequently merged on title with 28 Owen Road. Consequently, the subject Consent Application can be processed as a technical severance, rather than through a Validation of Title The Applicant's Consent Sketch/Site Plan is included as Schedule 3. The details of the proposed consent (severance) are provided in the table below: Lands to be re-created (24 Owen Lands to be Retained (28 Owen Road) Road Frontage: 17.9 m 59.0 ft. 27.4 m 90.0 ft. Depth: 18.9 m (62.0 ft.) 30.4 m (99.8 ft.) Area: 0.03 ha 0.08 ac. 0.059 ha 0.14 ac. Use: Vacant Land — Future Residential I Existing Residential A related Minor Variance Application (2021-A-31) has been submitted in conjunction with this Consent Application. The applicants have requested relief to the following sections of Zoning By-law 97-95: Development Services July 15, 2021 Report No. DS2021-103 Page 3 of 19 Page 440 of 462 7.d) DS2021-103, Andy Karaiskakis, Senior Planner re: ConsentApplicatio... Table B1 — Shoreline Residential (SR) Lot Area Required: Proposed: 0.2 hectares (0.5 acres) 0.03 ha (0.08 ac.) — 24 Owen Road 0.059 ha 0.14 ac. — 28 Owen Road Table B1 — Shoreline Residential (SR) Lot Frontage E3O quired: Proposed: metres (98.4 feet) 17.7 metres (58.0 feet) — 24 Owen Road 27.4 metres (90.0 feet) — 28 Owen Road Table B1 — Shoreline Residential SR Interior Side Yard Required: Proposed: 3.0 metres (9.8 feet) 1.2 metres (3.9 feet) — 24 Owen Road Table B1 — Shoreline Residential SR Rear Yard Required: Proposed: 7.5 metres (24.6 feet) 3.0 metres (9.8 feet) — 24 Owen Road The applicant's floor plan and elevation drawings for the proposed residential dwelling on 24 Owen Road are shown on Schedules 4 and 5. Analysis: Provincial Policies Provincial Policy Statement (PPS), 2020 The Provincial Policy Statement provides policy direction on matters of Provincial interest related to land use planning and development. The intent of the PPS is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. In rural areas, the PPS permits limited residential development and other rural land uses. Section 1 .1 .5 Rural Lands In Municipalities contains policies for rural lands in municipalities on where to direct development. Policy 1.1.5.4 states "development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted." The surrounding land uses consist of large agriculturally related and rural residential land uses. Section 1.1 .5.2 permits residential dwellings and lot creation that is locally appropriate on Rural Lands. Consents for legal or technical reasons are not specifically referenced in the PPS, other than related to Prime Agricultural Areas, however the proposed technical severance is intended to re-create two existing parcels in a built up developed residential neighbourhood which in accordance with the PPS is where development shall be directed provided that it is compatible with the rural landscape and can be sustained by rural service levels. Based on the above, it is Planning Staff opinion that these applications appear to be consistent with the PPS. Development Services July 15, 2021 Report No. DS2021-103 Page 4 of 19 Page 441 of 462 7.d) DS2021-103, Andy Karaiskakis, Senior Planner re: ConsentApplicatio... A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) The Growth Plan for the Greater Golden Horseshoe provides a long-term plan to manage growth and protect the natural environment. Section 2.2.9 Rural Areas is applicable to this application as it provides policies that allow for development to occur outside of settlement areas in site specific locations with approved designations. The subject Consent Application and Minor Variance Application has been reviewed by Planning staff with respect to the Growth Plan policies. Section 2.2.9.3 of these policies state that "development outside of settlement areas may be permitted in rural lands for: a) The management or use of resources; b) Resource-based recreational uses; and, c) Other rural land uses that are not appropriate in settlement areas provided they: i. Are compatible with the rural landscape and surrounding local land uses; ii. Will be sustained by rural service levels; and, iii. Will not adversely affect the protection of agricultural uses and other resource- based uses such as mineral aggregate operations." The Growth Plan policies, however, do not prohibit severances in agricultural and rural areas where such severances are consistent with the Provincial Policy Statement. Section 4.2.4.5 of the Growth Plan permits development outside of settlement areas, in developed shoreline areas of inland lakes that are designated or zoned, as of July 1, 2017, for concentrations of shoreline residential development subject to certain conditions. The lands subject to these applications were designated and zoned for shoreline residential purposes in 1997. Based on the above, it is Planning Staff's opinion that the applications appear to conform to the Growth Plan. Lake Simcoe Protection Plan (LSPP) The subject lands are located outside the Lake Simcoe Region Conservation Authority's regulated area and the Township is not required to circulate consent applications that are not within the regulated area to the LSRCA. However, the property is located within the Lake Simcoe Watershed and is therefore subject to the policies found within the Lake Simcoe Protection Plan (LSPP), which is a Provincial plan approved under the Lake Simcoe Protection Act, 2008. Planning Staff have reviewed the consent application in context to the LSPP and the following policies are applicable: "6.3-DP Within shoreline built-up areas, an application for development or site alteration within 120 metres of the Lake Simcoe shoreline shall be accompanied by a natural heritage evaluation that satisfies the requirements of policy 6.26..." In addition, Policy 6.10-DP states that within 120 metres of the Lake Simcoe Shoreline, development and site alteration should be integrated with and should not constrain ongoing or planned stewardship and remediation efforts. Development Services July 15, 2021 Report No. DS2021-103 Page 5 of 19 Page 442 of 462 7.d) DS2021-103, Andy Karaiskakis, Senior Planner re: ConsentApplicatio... The proposed new building lot is located within an existing shoreline residential area that meets the LSPP's definition of shoreline built-up areas and is located more than 120 metres from the Lake Simcoe shoreline. Therefore, the above-noted policies are not applicable. Planning Staff is of the opinion that the proposed development is consistent with the LSPP. County of Simcoe Official Plan The subject lands are designated Rural in the County of Simcoe's Official Plan. Section 3.7.4 lists limited residential development as a permitted use within the Rural designation. Section 3.7.8 states that: "Limited residential development may be created by consent provided the following are satisfied: a) Lots should be restricted in size in order to conserve other lands in larger blocks for agricultural uses or environmental purposes. Consent lots should be developed to an approximate maximum size of one hectare, except where larger sizes may be suitable because of environmental constraints or design considerations; and, b) The number of lots on the grid road system shall be restricted in order to maintain the rural character and road function and to avoid strip development." (p. 39 of Simcoe County's Official Plan). In Planning Staff's opinion, the proposed consent application conforms to these policies as the proposed lot is limited in size and located within an existing shoreline residential area. The County of Simcoe has not provided the Township with comments on this application to- date and Planning Staff do not expect any County comments at this stage. It is the opinion of Development Services Staff that this application conforms to the County Official Plan. Township of Oro-Medonte Official Plan The subject property is designated `Shoreline' in the Township's Official Plan (refer to Schedule 6). The `Shoreline' designation generally applies to those lands which have already been developed for permanent and seasonal residential uses in close proximity to Lake Simcoe or Bass Lake. Section C5 of the Township's Official Plan outlines the permitted uses within the `Shoreline' designation, which includes single detached dwellings. The proposed consent was assessed against the development of land policies in the `Shoreline' Designation. Specifically, Section C5.3 of the Official Plan "Residential Development Policies" contains policies related to "New residential Plans of Subdivision" (Section C5.3.3), and related to the "Limits of Shoreline development" (Section C5.3.4), however, the scope of policies contained in these sections is limited to either the creation of multiple lots by Plan of Subdivision, or to the expansion of the `Shoreline' designation in Schedule A to the Official Plan. On this basis, Planning Staff must defer to the general "Subdivision of Land" policies of the Township's Official Plan, in evaluating the proposed application for consent. The following comments below address the general criteria for severances outlined in Section D2.2.1 , "New Lot by Consent — General Criteria".- Development Services July 15, 2021 Report No. DS2021-103 Page 6 of 19 Page 443 of 462 7.d) DS2021-103, Andy Karaiskakis, Senior Planner re: ConsentApplicatio... a) Fronts on and will be directly accessed by a public road that is maintained on a year round basis.- Planning Staff comment: Conforms: The severed and retained parcels would front onto Township roads, specifically Owen Road and Charlotte Avenue, which are maintained year-round by the Township. b) Does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; Planning Staff comment: Conforms: The properties will not have access to a Provincial Highway or County Road. c) Will not cause a traffic hazard; Planning Staff comment: Conforms: Upon site visit, Planning Staff noted that 24 Owen Road would require a new municipal entrance. The Township's Operations Department has been circulated for comments and have not identified any traffic safety concerns, but have advised that a 5m x 5m daylight triangle at the northwest corner of Owen Road and Charlotte Avenue will be required to be transferred by the Owner to the Township. d) Has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By-law and is compatible with adjacent uses,- Planning Staff comment: Conforms: Subject to approval of Minor Variance Application 2021-A-31, 24 and 28 Owen Road would comply with the Zoning By-law. The applicants are seeking relief from the Zoning By-law to permit reduced lot frontages and lot areas for these lots. The proposed residential uses are permitted within the Shoreline Residential (SR) Zone and would be compatible with the adjacent residential uses in the neighbourhood. e) Can be serviced with an appropriate water supply and means of sewage disposal; Planning Staff comment: Conforms: The severed lands generally possess sufficient land for any future dwelling to be constructed on the lands to be serviced by private individual on-site services (well and septic system). The applicants have submitted a preliminary site plan for how the vacant severed lands can be developed which includes the location of the septic system. The Chief Building Official has reviewed this site plan and has found it to be acceptable. f) Will not have a negative impact on the drainage patterns in the area,- Planning Staff comment: Conforms: The severed and retained lands have sufficient area to accommodate any on-site grading to ensure that drainage patterns will not be negatively impacted. The proposed dwelling on the severed lands would be subject to an Engineered Lot Grading Plan as part of the Building Permit submission in accordance with the Township's policies. Development Services July 15, 2021 Report No. DS2021-103 Page 7 of 19 Page 444 of 462 7.d) DS2021-103, Andy Karaiskakis, Senior Planner re: ConsentApplicatio... g) Will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the provision of access, if they are designated for development by this Plan,- Planning Staff comment: Conforms: The retained lands are designated Shoreline and are thus not designated for development beyond the level of their current use, which is for single detached residential purposes. Additionally, development of and access to the retained lands or other parcels will not be restricted. h) Will not have a negative impact on the features and functions of any ecological feature in the area,- Planning Staff comment: Conforms: As previously noted, the subject properties are zoned Shoreline Residential (SR) and contain no natural heritage features. i) Will not have a negative impact on the quality and quantity of groundwater available for other uses in the area,- Planning Staff comment: Conforms: The applicant will be required at the time of building permit submission to meet all requirements for septic system installation and private water supply. No groundwater concerns have been identified by the Township and agencies in their review of this application. j) Will conform to Section 51(24) of the Planning Act, as amended. Provisional consent may be granted subject to appropriate conditions of approval for the severed and/or retained lot. Planning Staff comment: Conforms: Planning Staff have reviewed this application against Section 51(24) of the Planning Act and find that it meets the requirements of the Act. Based on the above, Planning Staff are of the opinion that the application, if approved with the recommended conditions of Consent, would conform to the Official Plan. Zoning By-law 97-95 The subject lands are zoned Shoreline Residential (SR) in the Township's Zoning By-law 97- 95, as amended (refer to Schedule 7). Subject to approval of Minor Variance Application 2021-A-31 , the severed and retained parcels would comply with the Zoning By-law. The applicant is seeking relief from the Zoning By-law to permit reduced lot frontages and lot areas which will be examined in more detail in the following sections. Planning Act, R.S.O. 1990, c.P.13 Section 3(5) of the Planning Act states that all decisions in respect of the exercise of any authority that affects a planning matter shall be consistent with provincial policy statements Development Services July 15, 2021 Report No. DS2021-103 Page 8 of 19 Page 445 of 462 7.d) DS2021-103, Andy Karaiskakis, Senior Planner re: ConsentApplicatio... and shall conform with or shall not conflict with the provincial plans that are in effect on the date of the decision. Section 45(1) of the Planning Act establishes a four-fold test for a minor variance which requires consideration of: (1) whether the variance is minor; (2) whether the variance is desirable for the appropriate development or use of the land, building or structure; (3) whether the general purpose and intent of the zoning by-law is maintained; and (4) whether the general purpose and intent of the Official Plan is maintained. A variance must meet all four of these tests. Planning Staff has reviewed these applications against these four tests as follows: Do the variances conform to the general intent and purpose of the Official Plan? The subject lands are designated Shoreline in the Township's Official Plan. Permitted uses within this designation include single detached dwellings. Therefore, the requested variances pertaining to Consent Application 2021-B-19 are considered to conform to the general intent and purpose of the Official Plan. Do the variances conform to the general intent and purpose of the Zoning By-law? As described above, the subject lands are zoned Shoreline Residential (SR) in the Township's Zoning By-law 97-95, as amended. Table B1 in the Township's Zoning By-law requires a minimum lot area of 0.2 hectares (0.5 acres) and a minimum lot frontage of 30.0 metres (98.4 feet). The applicants are proposing lot areas of 0.03 ha (0.08 ac.) for 24 Owen Road and 0.059 ha (0.14 ac.) for 28 Owen Road, and lot frontages of 17.7 metres (58.0 feet) for 24 Owen Road and 27.4 metres (90.0 feet) for 28 Owen Road to re-create these two original parcels which inadvertently merged in common ownership. The Zoning By-law's minimum lot area and frontage requirements are intended to ensure that there is adequate space on the lot to fit a building, well, septic system, parking/loading areas and driveway, with appropriate setbacks to the neighbouring buildings. It is Planning Staff's opinion that the general intent of the lot area and lot frontage provisions have been maintained as these variances have been requested to recognize the lot frontage and lot area when 24 and 28 Owen Road were separate conveyable parcels. Planning Staff, in consultation with the Chief Building Official, Manager of Operations and Manager of Development Engineering, is satisfied that that the proposed lot re-creation will be able to support the future residential development on the vacant severed lot (24 Owen Road). The Zoning By-law's requirement for a minimum interior side yard and rear yard setbacks in the SR Zone is intended to provide spatial separation between residential properties, as well as provide space for access and maintenance around buildings and structures. The applicants are proposing interior side yards of 1 .2 metres (3.9 feet) and rear yard of 3.0 metres (9.8 feet) to facilitate a future residential dwelling at 24 Owen Road. These variances have been applied for in order to meet the Zoning By-law requirement for minimum first storey floor area of 90.0 square metres (968.7 square feet) for the proposed dwelling and to accommodate a septic system on these lands (refer to Applicant's Site Plan and Drawings Schedules 3 - 5). The requested variances are considered to provide adequate space to access around the dwelling and provide spatial separation between the property and the neighbouring properties. Development Services July 15, 2021 Report No. DS2021-103 Page 9 of 19 Page 446 of 462 7.d) DS2021-103, Andy Karaiskakis, Senior Planner re: ConsentApplicatio... On the basis of the preceding, Planning Staff are satisfied that the proposed variances conform to the general intent and purpose of the Zoning By-law. Are the variances desirable for the appropriate development of the lots? Planning Staff does not expect the proposed lot area, lot frontage or the requested setbacks for the new dwelling on 24 Owen Road to standout, look out of place or detract from the character of this residential area. The proposed lot would still be able to achieve a functional building envelope, and space for the sewage disposal system, parking and outdoor amenity space. Upon site visit, Planning Staff noted that the proposed variances for reduced lot area, lot frontages and for interior and rear yard setbacks for 24 Owen Road are not out of character for this area, as this area has a variety of irregular lot sizes with dwellings that are able to function appropriately in this residential neighbourhood for which they were intended. Based on the above, Planning Staff is satisfied that the proposed development would be considered desirable for the appropriate development of the lots. Are the variances minor? The question of the minor nature of the variance relates to its scale and impact. In Planning Staff's opinion, the requested variances are minor in nature as the severed and retained lands would remain large enough to be privately serviced, and any future development on 24 Owen Road is not anticipated to have any adverse impacts on the neighbouring residential properties or the residential area in general. As the proposed variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By-law, to be appropriate for the desirable development of the lot and are not anticipated to have an adverse effect on the character of the surrounding area, the variances are considered to be minor. Financial / Legal Implications / Risk Management: Potential financial and legal implications should the decision of the Committee be appealed to the Ontario Land Tribunal and Council chooses to defend the Committee's decision. Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Lake Simcoe Protection Plan • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Corporate Strategic Goals: Development Services July 15, 2021 Report No. DS2021-103 Page 10 of 19 Page 447 of 462 7.d) DS2021-103, Andy Karaiskakis, Senior Planner re: ConsentApplicatio... Planning Staff is of the opinion that this application is consistent with the following Strategic Goal of the Township: Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Consultations: Notice of these applications were circulated to the public and to applicable review agencies and Township departments, public notice signs were also posted on the subject lands. As of the preparation of this report, the following comments have been received: • Development Engineering — No objection. An Engineered Lot Grading Plan shall be submitted at the time of application for a building permit. • Operations Division — Operations will require a 5.Om x 5.Om daylight triangle at the corner of Owen and Charlotte. • Building Services — Septic design to reduce the setback to 2.5 metres from distribution piping to the foundation of the house is acceptable if: a tertiary treatment system is proposed; no building floor area below grade; no required drainage system (weeping tile) around building; and no landscaping onto tile bed area. This would allow an acceptable size of development. These design provisions are required to be stamped by an engineer. • Bell Canada — No concerns. Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Applicant's Consent Sketch/Site Plan 24 Owen Road Schedule 4: Applicant's Floor Plans 24 Owen Road Schedule 5: Applicant's Elevations 24 Owen Road Schedule 6: Official Plan Land Use Schedule 7: Zoning By-law Conclusion: Based on Planning Staff's analysis of these applications, it is recommended that Consent Application 2021-B-19 be approved, specifically to permit a technical severance, to re-create two (2) original parcels which inadvertently merged on title being 24 Owen Road PIN 74040- 0105 (LT) having a lot area of approximately 0.03 ha (0.08 ac.) and a frontage of approximately 17.9 m (59.0 ft.) on Owen Road, and 28 Owen Road PIN 74040-0104 (LT) having a lot area of approximately 0.059 ha (0.14 ac.) and a frontage of approximately 27.4 m (90.0 ft.), and that Minor Variance Application 2021-A-31 be approved, specifically to permit a reduced lot area of 0.03 ha (0.08 ac.) for 24 Owen Road and 0.059 ha (0.14 ac.) for 28 Owen Road; reduced lot frontage of 17.7 metres (58.0 feet) for 24 Owen Road and 27.4 metres (90.0 feet) for 28 Owen Road; reduced interior side yard of 1 .2 metres (3.9 feet) for 24 Owen Road and reduced rear yard of 3.0 metres (9.8 feet) for 24 Owen Road, as the Consent application Development Services July 15, 2021 Report No. DS2021-103 Page 11 of 19 Page 448 of 462 7.d) DS2021-103, Andy Karaiskakis, Senior Planner re: ConsentApplicatio... meets Section 51(24) of the Planning Act and the Minor Variance application meets the four tests set out in Section 45 of the Planning Act, and both applications conform and are consistent with applicable Provincial, County and Township land use policies and represent good planning. Respectfully submitted: Andy Karaiskakis, RPP, Senior Planner Approvals: Date: Derek Witlib, Manager Planning Services July 8,2021 Andria Leigh, Director Development Services July 8, 2021 Development Services July 15, 2021 Report No. DS2021-103 Page 12 of 19 Page 449 of 462 7.d) DS2021-103, Andy Karaiskakis, Senior Planner re- ConsentApplicatio... -1a'errz°17, 23 16 15 .no��e•aa. 20 19 rvo�e:hoe•Iaikrna. 16 om.e�r..Ra 'ri rI - VJ- _ 1 "tiRal9e F�aa-`� 22 a 21 47 27 O L CJ 2 24 8 10 12 2 14 16 26 20 Myrtle Ave. 24 28 3q 7 11 o We 23 h Rqr 36 9 51011e1 Roe, 3 25 6 4 27 29 31 33 tA, © 7 N, 75 g � 9 t A de 73 e,�2 t�� aKeOotee Lake 71 \' Simcoe Schedule 1 Location Inrf ff ® Subject Lands Proud Heritage,Exciting Future 0 50 M File Number:2021-6-19 8 2021-A-31 '• 1 r L Development Services July 15, 2021 Report No. DS2021-103 Page 13 of 19 Page 450 of 462 7.d) DS2021-103, Andy Karaiskakis, Senior Planner re: ConsentApplicatio... Yaaller,IpM. lYaasMne•Rd. - Hcrsesho Na lllep I ,I C V,� - �r I a Myrtle Ave. Q 0 r Open Rd Schedule 2 _ Aerial Photo Subject Lands Proud Heritage,Exciting Future J(/ 0 15 m 'v File Number:2021-B-19&2021-A-31 1 i Development Services July 15, 2021 Report No. DS2021-103 Page 14 of 19 Page 451 of 462 Td) DS2021-103, Andy Karaiskakis, Senior Planner re: ConsentApplicatio... ff j a I {ff ff I 9 aL l ' ! f � 1 < f $,gyp 4-------{-------------- __j I f _K%k / I f � I i I 8 1 I r � 1 I I r I h ++ r I i � I � r I f J A7 l I ------------- -------------------J , Schedule 3 Applicant's Consent Sketch./Site Plan - (24 Owen Road) File Number2021-B-1B&2(121-A-31 Prellr{f Hrrir+u?e,Exe1Nke FurNrr Development Services July 15, 2021 Report No. DS2021-103 Page 15 of 19 Page 452 of 462 Td) DS2021-103, Andy Karaiskakis, Senior Planner re: ConsentApplicatio... r3 £ s � _ J sa O O n J LL rax.--xr-i. ❑� ra y_ CL Q J = r O 1 aLU - Schedule 4 Applicant's Floor Plans ' . (24 Owen Road) File Number 2021-B-19&2021-A-31 Proud Heritage,Exciting Futaare Development Services July 15, 2021 Report No. DS2021-103 Page 16 of 19 Page 453 of 462 Td) DS2021-103, Andy Karaiskakis, Senior Planner re- ConsentApplicatio... 1 r � r r ss r I ,II ,ml I w W � w w cc i - i I , Ii i f /� I I f I I I 1\ ` I I I D � W w 1 w w � w e n L.- Schedule 5 Applicant's Elevation Drawings : . (24 Owen Road) ° h'p° File Number 2021-B-19&2021-A-31 Proud Heritage,Exciting Futaare Development Services July 15, 2021 Report No. DS2021-103 Page 17 of 19 Page 454 of 462 7.d) DS2021-103, Andy Karaiskakis, Senior Planner re- ConsentApplicatio... Rd. lMasMn Rd I Kennedy Abe. Sokil Blvd. C � - 1 r I "tikKlge Rom osa C, m Ar v 0 a ml � o m Ro c� v ��arie Or Vm Myrtle Ave- n ° o O V/7 Ra A O a ve. 0 ptott` m2 e ,Ole �oA 0 Schedule 6 Township Official Plan - Land Use .*subject Lands a QEnvironmental Protection Two 0 Hawkestone Expansion Area TO °� Rural Hawkestone Residential Area l� Proud Heritage,,Exciting Future 0 Shoreline 0 200 m File Number:2021-13-19&2021-A-31 N I i i I I Development Services July 15, 2021 Report No. DS2021-103 Page 18 of 19 Page 455 of 462 7.d) DS2021-103, Andy Karaiskakis, Senior Planner re- ConsentApplicatio... Yas�YRd;I 7. � �e• SR rvo.sesKoe•aikr•Rd- SR I I�OId.B�irr e- •R[I� i I — 6 c SR {� U Myrtle Ave. owL,,� SR SR Pve. N 5R ri�ey � spa �. RLS("� Ae era SR D Q�Q� 4 e La RLS Schedule 7 Existing Zoning Ioumshrpnf 7 SR(Shoreline Residential) 0s�� N Subj,,t Land, Proud Heritage,Exciting Future U RLS(Residential Limited Service) n A/RU(Agricultural/Rural) 4 0 I I I 100 m File Number:2021-6-19&2021-A-31 Development Services July 15, 2021 Report No. DS2021-103 Page 19 of 19 Page 456 of 462 7.e) DS2021-107, Danielle Waters, Planner, re: Zoning By-law Amendment A... 1 ownship o f Report 0 Proud Heritruge, Exciting Feature Report No. To: Prepared By: DS2021-107 Development Services Danielle Waters, Committee Planner Meeting Date: Subject: Motion # July 15, 2021 Zoning By-law Amendment Application Roll #: 2021-ZBA-10 R.M.S. File #: 4346-010-011-18000 Johnwood Investments Inc. D14- 1614 Ridge Road East Recommendation(s): Requires Action For Information Only It is recommended: 1 . That Report No. DS2021-107 be received and adopted. 2. That Zoning By-law Amendment Application 2021-ZBA-10 by Johnwood Investments Inc., specifically to permit the removal of the Holding Provision applying to the lands known as 1614 Ridge Road East, be approved. 3. That the Deputy Clerk bring forward the By-law for Council's consideration to remove the Holding Provision applying to the lands described as Part of Lot 22, Concession 12 (Oro); and, 4. And that the applicant be advised of the Committee's decision under the Director, Development Services signature. Background: The subject lands are located on the north east corner of Line 11 South and Ridge Road East and have a lot area of approximately 0.32 hectares (0.79 acres). The lands contain a single detached dwelling (refer to Schedules 1 and 2). On November 4, 2020, Council passed By-law No. No. 2020-119 which re-zoned the lands to a Residential Two Exception 324 (Holding) Zone (R2*324(H) to permit 5 dwelling units within the existing building, as well as establish a number of site-specific zoning provisions. The purpose of the current Zoning By-law Amendment application is to remove the Holding (H) provision that applies to the R2*324 Zone. The Holding Provision was placed on the property as a condition of rezoning the subject property through By-law No. 2020-119 to ensure that the applicant obtains Site Plan Approval from the Township. Development Services July 15, 2021 Report No. DS2021-107 Page 1 of 6 Page 457 of 462 7.e) DS2021-107, Danielle Waters, Planner, re: Zoning By-law Amendment A... Analysis: The subject lands are designated "Hawkestone Residential Area" in the Township's Official Plan and are zoned Residential Two Exception 324 (Holding) Zone (R2*324(H)) in the Township's Zoning By-law 97-95, as amended. The applicant has requested to have the Holding Provision removed in order to facilitate the renovations of the existing single-family dwelling into 5 units, on the subject lands. Planning Staff are satisfied that the Holding Provision is no longer required as the applicant has submitted a Site Plan Application (2021-SPA-1 5) with respect to site works that include the construction of a parking area to support the additional dwelling units and a privacy fence to screen the parking area from an adjacent single detached residential use to the east. The applicant's Site Plan drawing has gone through a detailed review and has now been finalized to the satisfaction of Township Staff and the County of Simcoe. A copy of the Site Plan is included as Schedule 3. Upon the Township obtaining confirmation that the owner has completed the required conveyance of a daylight triangle and road widening along Line 11 South to the County of Simcoe, and the Township's receipt of securities related to the development, the Site Plan Agreement will be executed and sent for registration on the title of the property. Registration of the Site Plan Agreement is required prior to issuance of zoning certificate and building permits. Planning Staff has reviewed the proposed application to remove the Holding Provision in the context to relevant planning policies and legislation contained in the Township of Oro-Medonte Official Plan, County of Simcoe Official Plan, Growth Plan for the Greater Golden Horseshoe (2020), the Provincial Policy Statement (2020) and the Lake Simcoe Protection Plan. The application to remove the Holding Provision is consistent with and conforms to Provincial policies, the County Official Plan and the Township of Oro- Medonte Official Plan and is considered good planning. Financial / Legal Implications / Risk Management: Potential financial and legal implications could occur if Committee refuses or neglects to make a decision thereon within 90 days after receipt by the Clerk of the application, the applicant could appeal to the Ontario Land Tribunal (OLT). Policies/Legislation: • Planning Act, R.S.O. 1990, c. P.13 • Provincial Policy Statement, 2020 • A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 • Lake Simcoe Protection Plan • County of Simcoe Official Plan • Township of Oro-Medonte Official Plan • Township of Oro-Medonte Zoning By-law No. 97-95, as amended Development Services July 15, 2021 Report No. DS2021-107 Page 2 of 6 Page 458 of 462 7.e) DS2021-107, Danielle Waters, Planner, re: Zoning By-law Amendment A... Corporate Strategic Goals: In 2016, Council adopted the Township's Strategic Plan. The following Goals of the Plan are relevant to this application: Balanced Growth: • Ensure land use planning policies manage change and promote economic activity that does not negatively impact the Township's natural heritage features and attributes. Staff are of the opinion that the proposed Removal of Hold is consistent with the Strategic Plan. Consultations: • Township Operations Division • Township Development Engineering • Township Building Department • County of Simcoe Attachments: Schedule 1 : Location Map Schedule 2: Aerial Photo Schedule 3: Site Plan Conclusion: Planning Staff recommends that Zoning By-law Amendment Application 2021-ZBA-10 be approved and the associated By-Law for Removal of the Holding Provision be passed. Respectfully submitted: Danielle Waters, Planner Approvals: Date Derek Witlib, Manager, Planning Services July 9, 2021 Andria Leigh, Director, Development Services July 9, 2021 Development Services July 15, 2021 Report No. DS2021-107 Page 3 of 6 Page 459 of 462 7.e) DS2021-107, Danielle Waters, Planner, re- Zoning By-law Amendment A... Schedule 1: Location map va.e.•Ra;T 129 e[an•Rd. e nleeli�NalleY Ra. nm•a.'e•Ra.� 220 219 ry7 1660 1672 c 227 1656 1664 J 244 235 1632 1644 1544 246 1626 V6 eIR�� Ptia�e 252 R�amQ 260 36 32 281 276 1583 1667 1553 1567 1577 28q 285 29 28 289 fn 25 294 c 14 293 Q, 22 Q 16 i6 22 24 26 28 298 299 23 304 305 20 19 310 309 John 5t. Cedarbrook Cres. 17 19 21 23 25 11 322 319 16 15 Schedule 1 Location township o!/ ®Subject Lands Proud Heritage,Exciting Future 0 100 171 File Number:2020-ZBA-13 N 1 I I I 1 Development Services July 15, 2021 Report No. DS2021-107 Page 4 of 6 Page 460 of 462 7.e) DS2021-107, Danielle Waters, Planner, re- Zoning By-law Amendment A... Schedule 2: Aerial Photo - I " Ha eehjo•fal M. • j^'�yil +t J 1e� r • A Schedule 2 Aerial Photo ,ow,sh,r�f Subject Lands Proud HerlfaRer Exdfin�;Future a 2s m File Number:2020-ZBA-13 N I I I I I Development Services July 15, 2021 Report No. DS2021-107 Page 5 of 6 Page 461 of 462 Te) DS2021-107, Danielle Waters, Planner, re- Zoning By-law Amendment A... 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CONCRETE CORD I I I I I RPPMUMRTE LOGATUM OF IXISTIMG W ELL HATCHED CRMEWAYAREA Idle ASPHALTG SPRO69 1 TO DE 3.8] 1 I T cGNCx�EIIEF, 4p e.co $TEQ$TOREM� b IX6T1NG CISTERN - fk12m 4 TO HEMRIN `' E3E"IS DRIVEWAYTO DE rp DEMOLLSHEb a REPLACED WIGWV55 4A�:. I M i �� 10 Development Services July 15, 2021 Report No. DS2021-107 Page 6 of 6 Page 462 of 462